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(영문) 부산지방법원 동부지원 2016.01.21 2015고단1144
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[2015 Highest 1144] The Defendant called the victim B in the vicinity of Busan Si around April 10, 2015 and called the victim B, and “the husband is urgently required to pay the traffic accident.”

It shall be paid immediately on the day of lending money.

‘False speech' was made.

However, the defendant's husband did not have any traffic accident, and there was no idea to use the money borrowed from the victim as the agreed money, and there was no intention or ability to pay the money differently.

Accordingly, the Defendant, as such, deceiving the victim as such, received five million won from the victim as the borrowed money from the victim, and received from March 30, 2015 to the same year.

4. From 15. up to 15. up to 10.0, the victim received a sum of KRW 50 million from 10 to 50.0 won as the borrowed money as shown in the list of offenses.

[2015 Highest 1671] The Defendant called the victim C on April 3, 2015 in the vicinity of Busan Si around 12:40 on April 3, 2015, and “the husband requires an urgent agreement due to traffic accidents, and the husband lends money to him/her up to 6 p.m.

“.......”

However, in fact, there was no traffic accident by the husband of the defendant, there was no idea of using the money borrowed from the victim as the agreed deposit, and there was no intention or ability to pay it differently.

Nevertheless, on April 3, 2015, the Defendant, as seen above, received the remittance of KRW 3 million from the injured party to a criminal account in the name of her husband D on April 3, 2015.

Summary of Evidence

[2015 Highest 1144]

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Written complaint (including attached data) (2015est 1671);

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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. Article 62(1) of the Criminal Act (the following sentence grounds are favorable.

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