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(영문) 부산지방법원 동부지원 2017.01.18 2016고단1808

사기

Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 11, 2016, the Defendant, including the Defendant’s previous conviction, was sentenced to imprisonment for eight months or two years of probation for fraud in the branch court of the Busan District Court, and on August 19, 2016, the said judgment became final and conclusive and conclusive on August 19, 2016, is a person whose record of the same crime is more than six times and who is engaged in the distribution business.

2. Criminal facts of the defendant;

A. On March 30, 2013, the Defendant made a false statement to the effect that “Around March 30, 2013, the Defendant would allow a victim C (55 years) (around February 2013) who was aware of in the course of a marine missionary work meeting located in the Dongbcheon-si, Gyeonggi-do, to settle cash immediately with the recipient of the goods if he/she sent the Kaberts to Busan.”

However, in fact, the Defendant was not only a person of bad credit standing from around 2005, but also a person of bad credit standing six million won from around March 20, 2013, and even if he was supplied with Ka Doz from the victim due to a person of bad credit standing over the degree of criminal punishment, the Defendant did not have any intent or ability to pay the price.

Accordingly, the Defendant, by deceiving the victim as above, obtained a delivery of around April 1, 2013 from the injured party about 5,00 Kaurts and the market price of KRW 7,500,00.

B. On April 1, 2013, around April 1, 2013, the Defendant: (a) calls from the Defendant’s office located in Busan Shipping Daegu D, Busan, to the said victim C to receive money at any other place; and (b) receives money from the said victim C.

A false statement was made to the effect that “I will go back to Seoul on the face of the week in lieu of transportation charges for the goods to reduce the price as the money enters.”

However, the Defendant did not have the intent or ability to pay the transport fee even if he received the transport fee from the injured party in excess of the above excessive obligation.

Accordingly, the defendant deceivings the victim as above and caused the victim to pay 400,000 won transportation fee to the victim, namely, the victim to acquire the pecuniary benefits equivalent to the above amount.

(c)

From April 10, 2013 to August 9, 2013, fraud.