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(영문) 부산지방법원 동부지원 2018.01.10 2017고단2331
사기
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 2014, the defendant came to know through D from the office of the defendant in Busan Shipping Daegu C, the city of the defendant in Busan Metropolitan City around September 2014, "the husband has been running the active business, and it is necessary to pay money because it has been well known.

The interest shall be paid in two copies per month, and the principal shall be paid in full within three months from the time when the claim is made.

“The purpose of “ was to make a false statement.”

However, at the time of fact, the Defendant was equivalent to KRW 80,00 without any particular income or property, and the Defendant’s husband’s active business was unable to prepare a payment to the Defendant’s wife, and the financial situation was not sufficient to the extent that it would not continue normally by lending money from other persons, and thus, there was no intention or ability to repay the money from the injured party even if he borrowed money.

The defendant deceiving the victim as above and received 2 million won in cash from the injured party, i.e., the delivery of 2 million won in tin in the same manner, and 8 million won in around April 22, 2015, in the same manner.

6. Around 26.26. Around 7 million won, KRW 3 million around July of the same year, and KRW 5 million around November 2 of the same year, respectively, were delivered and acquired through deception KRW 25 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the statement protocol to E;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommendations] the reason for sentencing under Article 62-2 of the Social Service Order Act / [the scope of recommendations] in general fraud / [1 month to 1 year] the mitigation area (the special mitigated person] / or the degree of deception is weak [whether suspended execution is suspended] - The main reason for the suspension of execution - In case where negative agreement - the negative agreement - the principal reason for the act of deception is committed, or where the degree of deception is weak, or where the degree of deception is weak / substantial damage is considerably small or significant.

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