logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 서부지원 2020.05.27 2020고단766
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

The defendant pays 7,304,00 won to B who is an applicant for compensation.

3.2

Reasons

Punishment of the crime

On November 2018, the Defendant came to know of the victim B through online games for the first time, and then made false remarks, such as: (a) the Defendant, while communicating with the Kakakakao Kakakao Messensens, and the Defendant was in need of a hospital fee by obtaining cancer decisions; (b) the husband did not collect money from the account; (c) the husband did not have any money; and (d) the husband was arrested and detained by the husband, thereby making it difficult for the Defendant to do so.

Around November 22, 2018, the Defendant made a false statement to the Defendant that “I would send 20,000 won to the Kakakao Stockholm, if I would like to lend 20,000 won to the Kakao Stockholm because I would have lost the Kaka.”

However, the fact did not have the intention or ability to repay even if the victim received money from the victim.

As above, the Defendant, by deceiving the victim as above, received KRW 20,00 from the victim, that is, from the victim’s seat to the remittance of KRW 20,00,00 from that time, and received KRW 7,30,00 in total on 67 occasions, such as living expenses, hospital expenses, etc. from that time to December 6, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The statement made to the accused in B of the second police interrogation protocol;

1. Protocol of each police statement concerning B;

1. Investigation report (verification of the contents of the call submitted by the complainant, confirmation of whether the suspect resides in Japan or not), investigation report (related to the dead part and the intention of borrowing), investigation report (referring to the submission of the contents of the Stockholm call exchanged with the suspect's reference, and confirmation of the death and ability to repay) (the submission of the suspect's reference to the suspect).

1. The remittance confirmation, etc., the details of the conversation, and the application of statutes on the details of medical care benefits;

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. Article 25 (1) 1, and Articles 31 (1) and (2) of the Act on Special Cases concerning Litigation Promotion, etc. of Compensation Orders;

1. The defendant's reason for sentencing under Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Declaration of Provisional Execution is the situation of the victim.

arrow