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(영문) 부산지방법원 2016.10.20 2016고단4672
사기
Text

A defendant shall be punished by imprisonment for six years.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around November 27, 2015, the Defendant made a false statement to the effect that “if he/she lends money due to a shortage of rent, he/she shall repay it immediately.” On November 28, 2015, the Defendant made a false statement to the effect that “if he/she lends money to pay a fine, he/she shall make a payment immediately if he/she lends money to the victim” at the trading location of the Busan-gu document located in Busan-gu, Busan-gu, and that he/she received 70,000 won from the victim’s national bank account around November 27, 2015 and around November 28, 2015, and received 50,000 won from the victim’s bank account from around November 27, 2015 to May 25, 2016, he/she received 370,000 won in total from the victim to the victim’s account in cash, such as the attached crime list, and received it from the victim in cash account.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes on loan certificates, details of Busan bank account transactions in the name of B, and details of account transactions in the name of B;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] General Fraud (less than KRW 100,000) (6-10,000) where the basic area (6-100,000) [6-1-6 months] (special mitigation)] or considerable damage recovery / Where a crime is committed repeatedly against, or over a considerable amount of time to, an unspecified or large number of victims (decision of sentence] for a short period of time, the same victim was repeatedly belonging to the same victim, and the victim who received money from the defendant for the purpose of raising money for the same kind of crime was faced with a considerable difficult situation, and the defendant has already committed the same crime.

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