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(영문) 부산지방법원 2016.11.23 2015고단6254
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 2013, the Defendant made a false statement to the victim C(31 years of age) in the Dong-gu, Ulsan-gu, U.S., U.S. on the part of the Defendant at the construction site of the studio construction in the construction site of the studio construction site in the construction site, stating that “The victim C(the 31 year of age) was the same as the one in which the studio stone works, and imported the studio in China.

However, in fact, the defendant thought that he will use it for personal purposes, such as living expenses, by receiving money from the victim, did not have the intention or ability to supply the substitute to the victim's outer wall of the building.

As such, the Defendant, by deceiving the victim as such, acquired from the victim the victim KRW 2.5 million on June 13, 2013, KRW 3.2 million on July 8, 2013, KRW 3.3 million on July 23, 2013, KRW 15 million on July 25, 2013, KRW 4 million on July 30, 2013, and KRW 29.8 million on August 3, 2013, from the victim’s wife by means of his/her account under the name of the community credit cooperative (Account Number: E).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A complaint;

1. Application of Acts and subordinate statutes to a detailed statement of transactions and a copy of transfer certificate;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Reasons for sentencing of selective sentence of imprisonment [the scope of recommending sentence] general fraud (less than KRW 100 million) and the basic area (six months to one year and six months) (no person specially sentenced] [the decision of sentencing] 6 months; and

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