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(영문) 부산지방법원 동부지원 2019.01.30 2018고단2544

사기

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

The defendant is an applicant for compensation of KRW 250,000, which is obtained by deceit to B.

Reasons

Punishment of the crime

On September 26, 2018, the Defendant posted a notice to the effect that “the sale of cultural products of the local territory” is “the sale of cultural products of the local territory” on the HI bulletin board using a computer installed therein at the Busan Madona-gu Busan, Busan, and said, the Defendant said that “the Defendant would send the cultural products right upon deposit of money to the victimJ.”

However, in fact, the Defendant did not have the articles mentioned in the sales text, and the debt amounted to KRW 20 million, while there was no property or income, the amount received from the victim is thought to be used for other purposes such as money for private gambling or living expenses, etc., and there was no intention or ability to sell the articles to the victim.

Nevertheless, the Defendant, as above, by deceiving the victim, received KRW 270,00 from the victim to the K account under the name of the Defendant for the same day as the price for the goods of the same day, and acquired KRW 15,574,00 in total from the 96 victims, as described in the attached list of crimes, from September 26, 2018 to December 11, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused (third time);

1. Written statements of J, L,F, M, N, P, Q, Q, R, T, U, E, V, W, X, Y, AB, Z, AE, AE, AF, AH, D, AI, AJ, C, AK, AK, AK, AL, AM, AE, AP, AP, AP, Q, B, ATR, ATS, ATS, AV, AV, AX, AY, AY, AY, and Z;

1. Inquiry into the details of account transactions, the contents of each conversation, each statement of transfer, each notice, each letter of transfer, each certificate of transfer, each certificate of confirmation of transfer, and the application of the corresponding Acts and subordinate statutes;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, Sentence of Provisional Execution;

1. Special cases concerning the dismissal of an application for compensation, the promotion of litigation, etc.;