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(영문) 부산지방법원 2017.05.31 2016고단5631

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On March 20, 2015, the Defendant is running a business to lend money to the victim B by telephone to the victim B.

The phrase “to pay interest on the third part of a month” was false as it did not provide money for making a loan due to the absence of money, and thus, to lend KRW 5 million.

However, in fact, the Defendant was liable for the amount of KRW 45 million without any particular property, and the Defendant thought that the Defendant would consume the money to be received from the injured party for the Defendant’s living expenses, etc., not the loan business, even if he borrowed the money from the injured party from the injured party on March 2015.

The Defendant received KRW 5 million from the injured party on March 20, 2015 to the national bank account in the name of the wife in a de facto marital relationship with the Defendant, and received from that time all KRW 53,486,000 in total from July 6, 2015, from that time until July 6, 2015.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on account transactions;

1. The grounds for sentencing of sentence [the scope of recommending punishment] under Article 347(1) of the Criminal Act regarding criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, the grounds for sentencing of imprisonment [the scope of recommending punishment] and the basic area (from June to January 1, 6) (no person subject to special sentencing] [the person subject to special sentencing] [the decision of sentencing] damage amount, damage amount, and the fact that damage has not been recovered, as set forth in the disposition of the court, shall be determined by taking into account