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(영문) 부산지방법원 2020.01.13 2019고단2910

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On September 14, 2016, the Defendant made a false statement to the victim E (the 48-year-old) at D coffee stores located in the second floor of the C Bank in Ulsan-gu, Ulsan-gu, Seoul-do, stating that “I will open the 20 million won out of the deposit amount of KRW 40 million to the Thai-gu, and I will open the 20 million to the Thai-gu.”

However, even if the Defendant borrowed a deposit from the victim, it was not thought that the Defendant would open the free will of the Thailand, and there was no intention or ability to repay the borrowed money.

As such, the Defendant, by deceiving the victim and deceiving the victim from the victim, i.e., a G bank account (H) in the name of F (name prior to the opening of name) from the victim, and acquired 10 million won by transfer from the victim to the I Association account (J) account in the same name as F on the 22th day of the same month.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and K;

1. Each police statement to E and K;

1. Complaints of E preparation;

1. A loan certificate and a detailed statement of banking transactions;

1. The suspect A's credit information history;

1. Investigation reports (Submission of suspect specification of transactions);

1. Application of Acts and subordinate statutes to investigative reports (Attachment of Credit Information for Suspect);

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

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order.

1. The scope of punishment by law: A fine not exceeding twenty million won;

2. Non-application of the sentencing criteria: The sentencing criteria shall not apply by selecting fines.

3. Determination of sentence has not yet been restored to damage, and the circumstances after the crime are not good, such as the defendant's denial of the crime in this case.

However, this case's age, character and conduct, intelligence and environment of the defendant, relationship with the victim, motive, means and consequence of the crime, circumstances before and after the crime, etc. are not large amounts of damage according to social norms, and there are no same power.