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(영문) 부산지방법원 2017.11.09 2017고단4106

사기

Text

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

Reasons

Punishment of the crime

On December 17, 2016, the Defendant posted a letter to the effect that he would sell B, in the name of “C” by accessing the Defendant’s house located in Geum-gu Busan Metropolitan Government B apartment house 205, to the Defendant’s house located in the Defendant’s house, and then sold C, to the victim who reported and contacted it.

was made.

However, the defendant did not have the intention or ability to sell the Bath to the victim D.

As above, the Defendant: (a) by deceiving the victim D and deceiving it from the victim D; (b) received a total of KRW 1,200,000 from the national bank account (F) in the name of E used by the Defendant on December 17, 2016 and December 19, 2016; and (c) received a total of KRW 32,80,000 from the victims in the following manner, as shown in the list of crimes, from November 12, 2016 to January 21, 2017.

Accordingly, the defendant was informed of the victims to receive property.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol of suspect interrogation of each police officer regarding E;

1. Statement of the police statement related to G;

1. Each of the appeals, statements, identification cards, evidentiary materials, etc. of the D, H, I, K, K, M, M, N, P, Q, R, T, U, V, W, X,Y, Z, AAB, AC, AE, AE, AF, AH, AH, and AI, and evidentiary materials, etc.;

1. Each investigation report (the application of Acts and subordinate statutes 69,72) at a moment;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act (the point of fraud) and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes can be sentenced to a fine for the same crime. Nevertheless, the instant crime has been repeatedly committed by the Defendant, and even after the instant crime was committed, he/she was investigated at another place after committing the same crime. The majority of the instant victims are multiple victims, the sum of the defraudeds is relatively large to KRW 32,80,000, and the Defendant pays damages on three occasions at the end of July 2017. < Amended by Act No. 14535, May 5, 2017>