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(영문) 부산지방법원 2021.01.20 2020고단4423
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 13, 2020, the Defendant posted a letter stating that “On the Internet E Caf F, Inc., Dasan, Dasan,” at one’s own house located in Busan apartment C apartment unit D, Busan, and sells one of the above books to the victim G who reported and contacted with it at KRW 70,000.

A false statement was made.

However, since the defendant did not have the above liability, even if he received money from the injured party, he did not have the intention or ability to sell the above liability.

Around 15:46 of the same day, the Defendant deceiving the victim as above and received KRW 70,000 as sales proceeds from the account in the name of the Defendant’s national bank from the victim, and received KRW 512,000 in total from around that time to August 24, 2020 by deceiving 11 victims, as shown in the annexed crime list, and received KRW 512,000 in the same way, in total, from around 11 times.

Summary of Evidence

1. The Defendant’s legal statement G, H, B, I, J, K, L, M, N,O, and each statement transfer statement in the preparation of P, and the application of statutes governing dialogue;

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 on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Articles 25(1) and 31(1) through (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Orders for Compensation and Sentence of Provisional Execution, is that the defendant repeatedly commits a crime despite the past record of punishment several times by Internet fraud, and the nature of such crime is inferior, and it is inevitable to choose imprisonment without compensation for damage to the victim until now.

However, in light of the fact that the defendant is against the crime of this case, and other circumstances of sentencing indicated in the records of this case, such as the defendant's age, sex, family environment, motive and means of committing the crime, and circumstances after committing the crime, the punishment as ordered shall be determined.

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