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(영문) 부산지방법원 동부지원 2016.02.04 2015고단2316

사기

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 12, 2011, the defendant extended money to the victim B and received interest from the other party with a bond if he/she is making it difficult to know the trade name of the other party of the Nam-gu Busan Metropolitan Government-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong.

Money may be sufficiently punished.

By the end of this month, the money shall be used and returned.

“Falsely speaking,” and the member received KRW 4,00,000,000 from the injured party on January 12, 201, from the Defendant’s new bank account with the Defendant’s Chok-C as the borrowed money.

However, as the Defendant was in a state of bad credit and was in excess of the obligation without any particular property or income at that time, and was thought to consume the money received from the injured party as gambling money from the casino in the Hanwon-gun, the Defendant did not have the intent and ability to repay the money as agreed upon even if he borrowed the money from the injured party.

Ultimately, the Defendant, including by deceiving the victim as above and receiving KRW 4,00,000 from the victim, was delivered by the victim. From around that time to January 27, 201, the Defendant deceiving the victim by the same method, and received a total of KRW 97,20,000,000 from the victim on seven occasions as indicated in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to B;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Taking into account the following circumstances as the grounds for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation, and other various sentencing conditions as stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive and circumstance leading up to the Defendant’s instant crime, means and consequence, and the circumstances before and after the instant crime.