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(영문) 부산지방법원 2015.06.25 2015고단2323
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Madern 2323

1. On November 30, 2014, the Defendant received KRW 100,00 from the victim’s bank account (F) in the name of the Defendant, stating that he/she will send the said goods if he/she sent KRW 100,000 to the victim BL by reporting the purchase of ices listed on the Internet medium and high-tech bulletin board at the PC bank located in the city of Chungcheongnam-si, Chungcheongnam-si, Seoul, and that he/she would contact the victim BL.

However, there was no intention or ability to sell the suspect because the suspect did not have the case.

As a result, the suspect was given property by deceiving the victim.

Madern 2354

2. On October 22, 2014, the Defendant reported the victim’s BM’s writing to the effect that “The Defendant purchases a 73,000 won in contact with the victim,” posted on the Internet in the middle- and high-level carbook, at an insular area (hereinafter referred to as the “Seoul-si”), and told that the Defendant will send the 73,000 won in contact with the victim.

However, even if the defendant receives money from the victim, he did not have the intention or ability to send the above oper to the victim.

As such, the Defendant, by deceiving the victim as such, received KRW 73,00 from the victim on October 23, 2014 and acquired money from the victim.

Summary of Evidence

Madern 2323

1. Statement by the defendant in court;

1. A written statement of BL;

1. Details of specification of transactions and Kakakao Stockholms:

1. Statement by the defendant in court;

1. A written statement of BM;

1. Application of Acts and subordinate statutes, such as the Stockholm output, input and withdrawal details, and details of transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] and the reason for sentencing under Article 38(1)2 and Article 50 of the Criminal Act [the scope of recommending punishment] There is no basic area (6 months to 100 million won) [the special person] [the decision of sentencing] [the defendant has repeatedly committed the same veterinary act within a short time period, taking into account the fact that the defendant has repeatedly committed the same veterinary act, but the order is issued after taking into account

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