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(영문) 부산지방법원 2016.12.28 2016고단7254
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On June 18, 2008, the Jeonju District Court has been sentenced to five years of imprisonment with prison labor for robbery, injury, etc. in the Jeonju District Court's assistance, and on June 28, 2013, the person who completed the execution of the sentence in the Suncheon Prison.

1. On December 24, 2015, the Defendant committed the crime against the Victim C, false statement to the effect that “If the Defendant sent the advance payment, he/she will work on board the party immediately after the Gu administration is past, he/she will pay the advance payment to the victim.”

However, at the time of fact, the defendant had no intention to work as a seafarer by driving the victim's advanced payment.

As such, the Defendant deceivings the victim as such, and under his/her control, two million won on the same day under the pretext of advance payment from the victim, one million won on January 3, 2016, one million won on the 22th day of the same month, and the same year.

2. 10,100,000 won, including the receipt of each remittance to the Agricultural Cooperative Account under the name of the defendant, was acquired by fraud.

2. On February 7, 2016, the Defendant committed the crime against the victim D by false statement to the effect that “The Defendant, at the victim’s house located in Boan-si, Boan-si, Ma, he/she would have to get the victim to work on board the part of the party, after the Gu administration of the Gu administration of the State.”

"However, at the time of fact, the defendant had no intention to work as a seafarer by driving the victim's advanced payment.

As such, the Defendant deceptioned the victim and received three million won from the victim under the pretext of advance payment from the victim. On February 12, 2016, the Defendant acquired 4 million won in total, such as receiving one million won from the Agricultural Cooperative Account under the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C, F, and D;

1. A loan certificate, a copy of passbook, and each electronic financial transaction certificate;

1. Previous records of judgment: Application of criminal records, inquiry records and confinement status Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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