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(영문) 부산지방법원 서부지원 2021.01.08 2020고단909
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On July 11, 2018, the Defendant was sentenced to a suspended sentence of six months for fraud in the branch court of the Busan District Court, and the sentence was finalized on October 20, 2018.

[Criminal facts] The Defendant: (a) during telephone conversations with the victim B, which was known to him/her in the course of performing cryping operations at a place where he/she had been in an insular place on November 2017, the victim needs to reconcilate

In the end, “the cost of repairing timber broken due to a fire shall be paid to the victim in part of the profit after receiving the breaking machine on the high-pollution side after receiving the breaking machine on the high-pollution side.

“A false statement was made to the effect that it was “.”

However, at the time, the Defendant had already been in bad credit standing and had no intention or ability to use money as repair expenses even if he has received money from the injured party under the pretext of repair expenses.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) transferred KRW 1,00,000 from the victim to the MG community credit cooperative account in the name of the Plaintiff on December 29, 2017; (c) around December 30, 2017; (d) KRW 10,000,000 around February 28, 2018; and (d) KRW 20,000,000 from March 1, 2018 to the Defendant’s MG community credit cooperative account in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. The protocol of examination of the suspect of each police officer against the defendant who has made a statement in court by the defendant (including the B confrontation);

1. Investigation report on the statement protocol by the police concerning B (the ratio of the name of the crime and the specific circumstances in which the money is acquired);

1. A detailed statement of transactions from entry and withdrawal (No. 6 No. 5 of the evidence list), a statement of inquiry of transaction details, and a previous record of confirmation of transfer: Application of the results of inquiry, investigation report (pre-existing confirmation) Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act concerning the crime and Article 347 of the Criminal Act concerning the choice of punishment (in comprehensive) and imprisonment with prison labor;

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