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(영문) 대전지방법원 천안지원 2016.04.28 2013고단1791

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

The request of the applicant for compensation shall be dismissed.

Reasons

. On 13. Around the 13.m. border, the victim “a woman’s husband performed kneeoe surgery.”

It was called that it would be repaid immediately if it is lent KRW 10 million.

However, at the time, the defendant was in excess of his/her obligation as stated in the above Paragraph 1, and even if he/she borrowed money from the damaged party, he/she did not have any intention or ability to pay the above money properly, since he/she did not need to do so at the expense of the defendant's husband's operation.

Nevertheless, on November 13, 2014, the Defendant, by deceiving the victim as above, received a total of KRW 10 million from the national bank account in the name of the Defendant to the national bank account in the name of the Defendant, and acquired it by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement made with respect to E and D;

1. Account details and text details;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 (1) of the Criminal Act ( comprehensively referred to as "victim E") and Article 347 of the same Act concerning the crime

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing of Article 32(1)1 and Article 26(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation (the record clearly shows that an applicant has filed an application for compensation after the closure of pleadings) [the scope of recommended punishment] of the general fraud [the scope of recommended punishment] of Type 2 (at least KRW 100 million, but less than KRW 500 million) in the basic area (within August through April 4) of the basic area (at least KRW 100 million, less than KRW 50 million): No person who has any special sentencing [decision of sentence] [no person] [the case] in light of the number of crimes and the amount of damage] * In light of the Act on Special Cases concerning the Promotion, etc. of Litigations, etc. of Application for Compensation Orders * The fact that there is no penalty force (no more than a fine), the fact that the applicant agreed with the victim E, the fact that the victim made efforts to pay damages to the victim D, the Defendant’s age, sex, and other circumstances after the crime.