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(영문) 부산지방법원 2016.10.26 2016고단1611
사기
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who became aware of C's child D during the expropriation of Busan detention center.

Around 20:00 on November 14, 2015, the Defendant phoneed to the complainant, and called, “Isman D’s case is not the two? If Isman’s price is not the two? If Isman’s price is quickly resolved, Isman’s death is fluent, so Isman’s death is fluent, and as soon as Isman’s death is resolved. D’s death is fluent flus, and D sought two million won around it, and the remainder of 1.4 million won is mother, as soon as possible.”

However, even if the defendant received the above money from the complainant, there was no intention to use the money for the purpose of the use.

As above, the Defendant, by deceiving the complainant, received a total of KRW 950,000 won on two occasions, including KRW 80,000 on November 14, 2015 and KRW 150,000 on June 16, 201, from the complainant to the National Federation of Fisheries Cooperatives, and acquired pecuniary profits.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C, F, and D;

1. A complaint;

1. Application of the Acts and subordinate statutes on remittance receipts, copies of DNA letter submitted by the complainants, the suspect's text messages to which the complainants have filed, and the contents of conversation and output of each DNA text messages;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of a selective fine (in-depth reflects on criminal conduct and taking into account the fact that the amount of fraud is not large);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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