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Reasons
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(영문) 부산지방법원 2015.07.01 2015고단1972
사기
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A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On March 15, 2013, the Defendant, as the victim D in the Busan-gu C market located in the Busan-gu, Busan-do, made a normal payment of the deposit amount of the face-to-face map No. 3 and No. 4 of the No. 200,000 won '10,000 won '2,000 won '2,000 won '2,000,000 won '2,000 won '2,000 won '2,000 won '2,000,000 won '

‘A false statement' was made.

However, in fact, the defendant lives dependent on the husband's income due to the absence of a certain occupation, but at the time of the commencement of the business, the debt under the name of the defendant amounting to 46.4 million won, and the debt amount of the husband's loan amounting to 50 million won, the credit card amounting to 50 million won, and the debt amounting to 140 million won, such as the debt amount of the husband's credit card amounting to 50 million won, and most of the husband's income amounting to 300 to 4 million won per month, were in a situation where most of the husband's income was paid with interest payment for the debt and there was no living allowance. Thus, even if

On May 15, 2013, the Defendant received from the victim the total sum of KRW 16.2 million from 4 times deducting KRW 12 million from KRW 3,200,000,000,000 which was not paid until then, and from June 15, 2013, the Defendant acquired KRW 24.4 million from 4,000,000,000,000, which was deducted from KRW 16.2 million.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a complaint, a copy of cash storage certificate, a detailed certificate for each transaction account, and a copy of the fraternity list;

1. The defendant shall not be subject to a strict punishment due to extremely poor nature of the crime in light of the fact that the reason for sentencing under Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act has been acquired by deception. In light of the fact that the damage has not been completely restored until now and there has been no effort to recover from damage, etc.

However, only 24 million won shall be the cause, the primary crime, and this.

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