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(영문) 부산지방법원동부지원 2020.08.14 2020고단425
사기
Text

A defendant shall be punished by imprisonment for six 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 September 12, 2018, the Defendant made a rental contract with the victim and the market price of 1,90,000 won for each 39 months by phone calls from the North-gu B apartment C at the port where the land manager resides, and from the E who is an employee of the victim D Co., Ltd., to the effect that “one marina will pay a siren 1 to a siren 1 to a siren 1,90,000 won per month.”

However, the defendant did not have the intention or ability to pay a siren corresponding to it even if he was delivered with a massage who was the victim.

As above, the Defendant, by deceiving the victim as above, had the victim’s name-in-fact employee set up the victim’s awareness at the above location, from that time until October 1, 2018, and acquired the victim’s name-in-fact with a total of KRW 23,397,00 through eight times in total, such as the list of crimes in attached Form 2, 5,397,00, 3, 3, 1, and 1,000.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of the amount of damage caused by sirens, the photograph of installation of sirens, and the Acts and subordinate statutes as a copy of the sirens contract;

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

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Social Service Order Act include the following: (a) details and contents of the instant crime; (b) the amount of damage; and (c) the Defendant recognized his mistake; and (d) there is no record of criminal punishment exceeding the same criminal record or fine; and (b) the Defendant’s age, character and conduct, environment, result of the crime, and the circumstances after the crime, etc.

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