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(영문) 부산지방법원 2015.08.26 2015고단3753

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On June 14, 2010, the Defendant was sentenced to one year and six months of imprisonment in the Busan District Court due to fraud, etc., and completed the execution of the sentence in the North Korean Peninsula I prison on July 27, 201.

On June 19, 2013, the Defendant, while engaging in fishery products distribution business under the trade name of “P” in the Seo-gu Busan, Seo-gu, Busan. On June 19, 2013, the Defendant made a false statement to the effect that “The Defendant, at the state of the operation of the R (P) by the victims of Q2, keeps the victim a domestic high-water fish farm in the (P) Q2 warehouse. The Defendant would supply 10,000,000 won by the high light up to July 25, 2013.”

However, in fact, as the height in the warehouse was not owned by the defendant, it did not have the right to sell it, and the defendant had the intent to pay his personal debt or use it as the futures option investment money with money from the victim, and there was no intention or ability to deliver high language even if he received money from the victim.

As above, the Defendant, by deceiving the victim, received 100 million won from the victim on June 19, 2013 under the name of the high light price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement on R;

1. A complaint: A sales contract for goods and a certificate of transfer;

1. Investigation report (T representative U statement);

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and current status of confinement;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The crime of this case with the reason for sentencing Article 35 of the Criminal Act among repeated crimes is deemed to have been stolen by 10 million won against the victim during the period of the same repeated crime, and considering the gravity of the crime, and the fact that the damage has not been recovered, it is necessary to punish the defendant strictly.

However, in consideration of the fact that the defendant is against the defendant, the age, character and conduct, the environment, the motive and circumstances of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined.