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(영문) 부산지방법원 동부지원 2017.12.20 2016고단2544
사기
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. The Defendant shall pay 35,000,000 won to the applicant for compensation by deceit.

Reasons

Punishment of the crime

On April 23, 2013, at the defendant's house located in Busan Metropolitan Transportation Daegu G around Busan Metropolitan City on April 23, 2013, the defendant "the birth of her natives is doing the installation of a computer in the Gyeongnam Kim G, and there is a need for money.

On September 2014, when a computer installation work is completed, the money will be provided and repaid at that time.

“The phrase “ was false.”

However, at the time of fact, there was no computer installation work, and not only the defendant thought that he would receive money from the injured party for personal use such as living expenses, and there was no intention or ability to pay the money even if he did not borrow money from the injured party.

As such, the Defendant, by deceiving the victim, received KRW 10 million from the victim to the Saemaul Treasury account (H) in the name of the defendant on the same day from the victim, 10 million won to the same account on May 22, 2016, 10 million to the same account on the 24th day of the same month, and 5 million won to the same account on October 2, 2016, and acquired KRW 35 million in total from the same account on the 2010,000 won.

Summary of Evidence

1. A protocol concerning each prosecutor's office or the police interrogation of the accused;

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

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

1. The grounds for sentencing under Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings Concerning Compensation Orders and Sentence of Provisional Execution [the scope of the recommended punishment] [the prosecutor's opinion] there is no person who has a basic area (6 months to 100 million won) (6 months to 100 million won) [the prosecutor's opinion] [the prosecutor's opinion] 1 year of imprisonment [the sentence] by deceiving the victim for 10 months, by deceiving the defendant for 35 million won, the defendant did not have any particular criminal record, the defendant's age, sex, sex, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc. shall be determined in consideration of the sentencing conditions under Article 51 of the Criminal Act.

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