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(영문) 부산지방법원 2019.09.02 2018고단4280
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On December 7, 2018, the Defendant was sentenced to imprisonment with labor for fraud at the Busan District Court on December 15, 2018, and the judgment became final and conclusive on December 15, 2018.

【Criminal Facts】

On September 12, 2016, the Defendant made a false statement to the victim B by telephone, stating that “I would have the victim B be unused by the military. I would have a civilian military employee pay a road fee to KRW 500,000,000,000,000.”

However, even if the defendant receives money from the victim, he was thought to use it as living expenses, etc., and he did not have the intent or ability to get the victim to leave the victim.

As such, the Defendant, by deceiving the victim, received 50,000 won from the victim to the post office account under one’s name for the same day, and then acquired 2,150,000 won in total from the time until May 23, 2017, such as the statement in the list of crimes, from the time to May 23, 2017.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement concerning B;

1. A petition prepared B;

1. A report on internal investigation (specific description of the amount of damage);

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (written judgments and indictments attached), application of Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act, the choice of imprisonment with labor as a whole;

2. Grounds for sentencing under the latter part of Article 37 of the Criminal Act and Article 39 (1) of the same Act;

1. The scope of punishment by law: Imprisonment for not less than one month but not more than ten years;

2. Scope of recommendations according to the sentencing criteria: Imprisonment with prison labor for not less than six months but not more than one year and six months (decision of type): General Fraud [Type 1] and less than 100 million won [the scope of recommendations and recommendations] [the scope of recommendations]: Six months to one year and six months.

3.In the decision of sentence, the accused has four previous convictions, including the previous convictions.

The circumstances in which the defendant has endeavored to recover damage do not seem to be salivable.

The defendant.

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