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(영문) 부산지방법원 2017.06.15 2016고단3678
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 25, 2015, the Defendant stated that “The Defendant would sell the house at present at the end of December, 200, and would have to pay KRW 20 million, including the principal and interest on the loan, by selling the house,” to the victim B (the victim’s (the victim’s 32 years old) on the street in front of the Docheon-si, the Docheon-si, the Docheon-si, and the Docheon-si, the Docheon-si, the Docheon-si, the Defendant would sell the house at the end of December.”

However, there was no house owned by the defendant, and there was no intention or ability to repay the debt to the injured party even if he borrowed money from the injured party due to the amount equivalent to 30 million won at the time.

As such, the Defendant, by deceiving the victim, received 6 million won in cash from the victim, and 2 million won in cash from the victim, and acquired 8 million won in total, such as receiving remittance to the account under the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to written confirmation of electronic financial transfer;

1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) of the Criminal Act of the choice of punishment (the fraud point), Article 347(1) of the Criminal Act of the choice of punishment, the failure to pay damages for reasons for sentencing of imprisonment, the intentional failure to appear in the trial, the size of defraudation, the fact that there is no record of punishment after 2007, and other punishment as ordered shall be determined together

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