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Reasons
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(영문) 부산지방법원 2016.12.30 2016고단6966
사기
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A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall pay 170,980,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

The Defendant and the Victim C, on January 2016, 2016, met with the introduction of a patrolman, and the Defendant, the Defendant, “The Defendant, while living together in the Republic of Korea after the divorce, served as a construction site warden. Both her mother, she and her children live in the United States. around 2015, her mother received a donation of KRW 180,00 on the land of Jeju-do from her mother, 40,000,000,000 won for taxes, and 20,00,00 in Seoul.” The Defendant and the Victim C believed the victim to believe her property as a large asset.

On January 21, 2016, the Defendant sent to the victim a message stating that “If a person working on the spot pays wages, he/she would then pay wages later if he/she lends money.”

However, in the course of divorce, the Defendant, while having received a divorce, was fully aware of the total amount of bonds with bad credit standing, and even if having borrowed money from the victim, there was no intention or ability to repay the money to the victim.

As above, the Defendant, by deceiving the victim, received 1850,000 won from the victim’s new bank (D) account under the name of the Defendant as the borrowed money, and received a total of 24 times from around that time to June 14, 2016, a total of 17,0980,000 won, as shown in the list of crimes in attached Table, from around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. A certified copy of a suspect title;

1. The contents of the Stockholm (No. 5 No. 5 of the evidence list);

1. Recording records;

1. Detailed statement of transactions in the new bank passbook; and

1. Application of Acts and subordinate statutes to the investigation report (Evidence List No. 18);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for sentencing under Articles 25 (1), 31 (1) and (3) of the Act on Special Cases concerning Expedition, etc. of Lawsuit for Compensation Orders;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. The sentencing criteria; and

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