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(영문) 부산지방법원 동부지원 2020.04.08 2019고단616

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 2015, the Defendant made a false statement to the victim B, a long-term location at the end of the end of August, 2015, stating that “I lend money due to an urgent circumstance. I do not sell it to the Plaintiff, who is not in possession of Busan Shipping Daegu Apartment D. For a three-month period, apartment is sold and will be repaid with the money.”

However, at the time, the defendant was not in possession of the preceding apartment in the above apartment, and the personal debt exceeds KRW 100,000,000, and even if he borrowed the principal and interest from the victim, he did not have an intention or ability to pay it within three months.

Nevertheless, the Defendant deceiving the victim as above and received KRW 100 million from the victim to the Busan Bank account in the name of the Defendant on September 2, 2015.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. Written complaint;

1. Application of Acts and subordinate statutes concerning online remittance statements, receipts, and full certificates of registered matters;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] and the basic area of recommendations [the scope of recommendations and recommendations] (the scope of recommendations and recommendations], the basic area of which is not less than KRW 100 million and less than KRW 500 million (the amount of punishment shall be set forth in Type 2], and 1 to 4 years.

3. Determination of sentence: One year of imprisonment;