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(영문) 부산지방법원 동부지원 2016.06.08 2015고단2531
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 18, 2015, the Defendant is a person who has been sentenced to a fine of three million won for fraud in the Busan District Court's Dong Branch Branch of the Busan District Court on September 18, 2015, and is the representative of C (State) with the record of the other same crime more than once.

On July 9, 2015, the Defendant stated that “The Defendant would have the victim F (38 years old) who had a flat inside the area that was prepared for the operation of the respondent’s house provide 10,770,000 won with air conditioners, coffee equipment and so on, and complete 28,000,000 won of the respondent’s house collection construction” to the Defendant F (38 years old).

However, at the time, the Defendant owed excessive debts from KRW 2 to KRW 300,000 to KRW 20,000, the Defendant was thought to pay the Defendant’s personal debt or use it as company operating expenses even if he received the payment, and there was no intention or ability to supply the victim with equipment necessary for the business of the respondent, such as coffee machine, or complete the interior work.

Accordingly, the Defendant deceivings the victim as above, and from July 9, 2015, the Defendant was from the victim under the pretext of the price of goods, etc.

8. By December 12, 198, a total of 38.7 million won was remitted to the account in the name of the Defendant’s wife, his wife, G, H, and any other name.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on each statement made to F and I;

1. Reasons for sentencing under Article 347 (1) of the Criminal Code of the pertinent Article on criminal facts [the scope of the recommended punishment] [the opinion of the prosecutor] that there is no person subject to special sentencing] in the basic area (from June to January to June] of Article 1 of the General Fraudulent Act [the prosecutor's opinion] [the defendant in June] imprisonment for one year [the decision of sentence]] 1 year (the defendant in June] 38.7 million won in total; the execution of part of the construction does not reach the actual amount of fraud; the defendant's error is recognized; the defendant's age, sex, sex, intelligence and environment; the relationship with the victim; the motive, means and result of the crime; and the circumstances after the crime, etc., consideration of the sentencing conditions under Article 51 of the Criminal Code such as the punishment conditions under Article 51 of the Criminal Code

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