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(영문) 부산지방법원 2016.05.12 2015고단8890
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant had attempted to take out the guidance money after receiving the guidance money from the next month following the receipt of the guidance money in the number fraternity operated by B (one million won per each unit of the Gu, and one million won per month after receiving the guidance money in the number of 1) operated by B as the guidance, and to take out the guidance money by adding 1.1 million won to the interest amount from the next month after receiving the guidance money in the order of 2 to 11,000 won after adding 10,000 won from the next month after receiving the guidance money in the order of 11th, and to receive the guidance money in his own order).

On August 2015, the Defendant stated that “D” house located in Busan Dong-gu, Busan, would have the victim set up two previous accounts by the sequence Nos. 4 and 5 from among the 11 serial lines. Even if domestic accounts are received, the Defendant would faithfully put the accounts into the accounts thereafter.”

However, the defendant did not have the intention or ability to pay the fraternity normally after receiving the fraternity.

The Defendant, as such, by deceiving the victim, received in cash KRW 10.2 million from the victim on November 25, 2014, from the victim, and received KRW 20.3 million on December 25, 2014 as the number No. 10.5 million on December 25, 2014.

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 investigation report (investigation into the amount acquired by deceit of a suspect);

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act on the grounds for sentencing [the scope of recommending punishment] [the grounds for sentencing of punishment] [the grounds for sentencing of types 1 (not more than KRW 100 million] in the basic area (from June to January 1) [the person subject to special sentencing] [the decision of sentencing] has been punished several times for the same type of crime [the decision of sentencing], and there is a need to strictly punish the crimes in this case again, and there is no agreement with the victim. However, the defendant's age, sex, environment, etc. are imposed.

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