(영문) 부산지방법원 2020.10.15 2020고단3025

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(영문) 부산지방법원 2020.10.15 2020고단3025

사기

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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On December 9, 2019, the Defendant posted a letter on the Defendant’s house in Busan Shipping Daegu Building C, which reads “sale of correspondence” on the Internet Dakbook, and said, the Defendant said that “The Victim E, who had contacted with the Defendant, sold 280,000 won the Friwon Friwon Friet.”

However, in fact, the defendant was planning to obtain the money from the beginning, and did not have the above signals to send the money to the victim, so even if he received money from the victim, he did not have the intention or ability to send the money.

On December 9, 2019, the Defendant, by deceiving the victim as above, received 280,000 won from the F Bank account (Account Number: G) in the name of the Defendant from the victim and acquired it by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in this court;

1. Statement of the police suspect examination protocol against the accused;

1. Application of the Acts and subordinate statutes to describe the details of the transfer certificate stated in the E’s written petition;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

1. The following circumstances are considered as favorable to the defendant: (a) the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: (b) the confession of and reflects against the defendant; (c) the frequency of the crime in this case is one time and the defrauded is merely 280,000 won; and (d) the equity with the case in which the defendant was tried at the same time as the case in which the defendant was tried; (c) the defendant has the record of receiving juvenile protective disposition several times of the crimes of the same kind; and (d) the fact that the defendant has not recovered from damage; and (e) the court has taken into account the defendant’s age, character and conduct, intelligence and environment; (d) the relationship with the victim; (e) the motive, means and consequence of the crime; and (e) the circumstances after the crime.

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