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(영문) 부산지방법원 2014.04.18 2014고정735

사기

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On September 11, 2013, the Defendant was sentenced to four months of imprisonment for fraud in Busan District Court’s Dong Branch Branch, and the judgment became final and conclusive on September 24, 2013. On December 17, 2013, the same court was sentenced to ten months of imprisonment for fraud and became final and conclusive on December 25, 2013.

On June 26, 2010, the Defendant had no intention or ability to obtain employment even if he received money from the victim D in the C coffee shop in front of the Busan Jin-gu B building in Busan, Busan.

Nevertheless, the victim said that he would be employed at the Busan International Port Port Port Transportation Group A, and that he received 20 million won from the victim and acquired it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Previous records: Results of the search of each case bound in the records of public trial, and the application of the Acts and subordinate statutes governing each decision;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Articles 37 and 39(1) of the Criminal Act (the full amount of damage to the victim and the full amount agreed upon with the victim, and the fact that if judgment was rendered simultaneously with the crime of fraud in which judgment became final and conclusive, it seems that no more severe punishment may be imposed even if the crime of this case is included therein);