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(영문) 부산지방법원 2018.06.27 2018고단1779

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 2, 2015, the Defendant was sentenced to ten months of imprisonment for fraud, etc. in the Busan District Court's Dong Branch Branch, and the execution of the sentence was terminated on February 16, 2016 at the Busan District Court's Busan Detention Center.

On June 17, 2017, the Defendant, on the Internet and on the bulletin board of the country, set up a siren XE type KRW 1 million and KRW 900,000 per month.

“Before posting the letter of “A,” and making a report and contact, the victim C will transfer back to the 10,000 won of the guaranteed amount of KRW 10,000,000 per month to the victim in E on the road located in Busan Dong-gu, Busan, around June 8, 2017, if paid to the victim in KRW 90,000 per month.

These vehicles are normal vehicles.

First of all, a false statement was made on the advance payment.

However, the above vehicle is owned by F, and the defendant also borrowed from G, and there was no intention or ability to lease it to the victim.

On June 9, 2017, the Defendant: (a) by deceiving the victim; (b) received KRW 1 million from the victim; (c) KRW 1,00,000,000 from the first bank account in the name of H; (d) KRW 1,00,000 from the third bank account in the name of J; (e) KRW 1,00,000 from the Agricultural Cooperative in the name of J; and (e) KRW 3,00,000 from the Saemaul Treasury account in the name of K.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A criminal investigation report (Attachment of evidential materials submitted by C by a complainant);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgement, etc.);

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Although the Defendant had been punished several times for the same kind of crime, since he/she again committed the instant crime within the period of repeated crime, it is necessary to punish him/her accordingly.

It shall be decided as ordered by taking into account the favorable circumstances in which part of the amount of damage has been discharged, and taking into account all the circumstances such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime.