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(영문) 부산지방법원 동부지원 2017.03.15 2016고단2415
사기
Text

1. The defendant shall be punished by imprisonment for six months;

2. The Defendant shall pay 27,500,000 won to the applicant for compensation by deceit.

Reasons

Punishment of the crime

In January 2016, the Defendant used the mobile phone text and telephone to the victim B in Suwon-gu, Busan, Busan, 215 Dong 201, and the mobile phone text and telephone to the victim B. The Defendant would be able to pay off only KRW 2 million.

“A false statement” was made.

However, even if the defendant borrowed money from the injured party, he thought that all of the money would be boomed with gambling, and there was no intention or ability to use the money to repay his existing debts to the injured party.

As such, the Defendant, by deceiving the victim, received KRW 2 million in cash around 14:00 on January 15, 2016 as the victim and received KRW 2 million from the above day to February 4, 2016, and acquired the total amount of KRW 32.5 million on eight occasions from the above day to the day of February 4, 2016 in the same manner as the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the statement protocol B;

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

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

1. The grounds for sentencing under Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Orders for Compensation and for Provisional Execution [the scope of the recommended punishment] [the prosecutor's opinion] there is no person who has a special sentencing [6 months to 100 million won] [the prosecutor's opinion] 1 year of imprisonment [the defendant has been sentenced] 32.5 million won in total from the damaged person in June], the victim complained of suffering, the victim complained of suffering, the fact that the defendant has discharged KRW 7 million, the defendant's age, sex, behaviors, intelligence and environment, relationship with the victim, motive, means and result of the crime, the circumstances after the crime, etc. under Article 51 of the Criminal Act, such as the defendant's age, behavior, intelligence and environment, relationship with the victim, motive and consequence of the crime.

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