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(영문) 부산지방법원 2014.04.10 2013고단9498
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 11, 2011, the Defendant stated to the effect that “the Defendant would repay money to the Plaintiff by December 12, 2012, if the deposit is short of the deposit.”

However, the defendant had only 20 million won as at the time, and even if he borrowed money with no particular property or income, he did not have the intention or ability to repay it.

As above, the Defendant, by deceiving the victim as above, received five million won in cash from the victim, and by deceiving the victim more than six times in total as shown in the list of crimes in the attached Table, and received a total of 14 million won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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

1. From among concurrent crimes, a sentence shall be imposed in consideration of the facts that there are favorable grounds for sentencing, such as the fact that the amount of damage inflicted on the grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act does not exceed the amount of punishment imposed, there is no record of being sentenced to suspension of qualifications or more severe punishment, reflectment, etc., and that the damage has not been recovered: Provided, That the sentence shall be determined by taking into account various circumstances, including the motive, means, and consequence of the crime, Defendant’s age, environment, criminal record, family relation, and circumstances

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