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(영문) 부산지방법원 2016.06.30 2016고단1458

사기

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On December 15, 2014, the Defendant would import and supply fishing goods to the victim at the “E” store of the victim D’s “E” in the Busan Dong-gu, Busan, for the purpose of selling fishing goods.

The phrase “ makes a false statement.”

However, the defendant thought that he will consume due to gambling and living expenses, and even if he receives money from the injured party for the purchase of fishing goods, he did not have the intent or ability to supply fishing goods to the injured party.

The Defendant was given KRW 1,00,000 in cash from the injured party, i.e., at the end of the foregoing false statement.

By January 23, 2015, the Defendant received a total of KRW 67,620,000 in total on six occasions, as shown in the list of offenses in attached Form.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on a copy of passbook;

1. Relevant legal provisions for criminal facts and Article 347(1) of the Criminal Act for sentencing [the scope of recommending punishment] on the grounds of sentencing [the scope of recommending punishment] under the basic area (six months to one year and six months) (the person who is subject to special sentencing] (the decision of sentencing] [the decision of sentencing] although the defendant had served two times as sentenced for the same kind of crime, again committed the instant crime. In light of the background and content of the instant crime, it is also not appropriate that the crime was committed.

It is also considered as an unfavorable sentencing factor even if the damage has not been recovered.

However, the sentence shall be determined as per the order in consideration of the fact that the defendant is against the defendant, and the age and environment of the defendant.