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(영문) 부산지방법원 2018.07.25 2017고정2436

사기

Text

1. The defendant shall be punished by a fine of two million won;

2. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Although the defendant did not have the intent or ability to liquidate the amount of the non-payment even if he was delivered to the victim's personal phone, the defendant would liquidate the amount of the non-payment that remains when he returned to the victim B (21), C (20 years of age), D (47 years of age), and E (47 years of age) on May 20, 2013.

In addition, the victims have purchased a new portable phone and received one of the existing portable phone from the victims, and each of them took four portable phone numbers equivalent to the sum of the remaining installment prices of KRW 2,626,100, respectively.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

2. Each police statement with respect to C and F;

3. Application of the Acts and subordinate statutes governing the complaint;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

2. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes against victims E with the largest punishment);

3. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are to be confined in a workhouse.

1. Scope of applicable sentences under law: Fines of 50,000 to 30 million won; and

2. In this case, the defendant would make a settlement of the amount to be paid to the victims;

It is false that he/she obtains four telephone calls from victims and obtains them, and the nature and circumstances of the crime are not good.

Due to the defendant's crime, victims have suffered considerable mental suffering in addition to economic damage.

Nevertheless, the defendant does not compensate the victims for damages or receive a letter of suspicion.

However, there are more favorable circumstances, such as the fact that the defendant recognized all of the crimes of this case in the investigative agency and took the attitude of breaking the wrongs, and that there is no record of criminal punishment until the transfer of this case.

The above points and the defendant's age, sex, environment, family relationship, and motive, method, and method of committing the crime.