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(영문) 대구지방법원 안동지원 2018.01.12 2017고단811

사기

Text

1. The punishment of the defendant shall be determined by six months;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

The defendant and the victim C came to enter into a matrimonial relationship from October 2013 to enter into a marriage, but they agreed to enter into a marriage on March 2016.

On October 19, 2015, the Defendant made a false statement to the effect that “The Defendant would sell a house inherited by his father after 3-4 months from the lending of money, or receive a loan as collateral,” to the victim on October 19, 2015.

However, at the time, the Defendant did not have died after being hospitalized in the hospital, and was thought to have used to repay the money borrowed from the victims to raise the hospital expenses, and even if the father did not have received the inheritance from the father and borrowed money from the victims due to the absence of a certain occupation or property, there was no intention or ability to repay the money.

As such, the Defendant, by deceiving the victim, received KRW 16,00,000 from the victim to the corporate bank account (number D) in the name of the Defendant on the same day as the borrowing money for the father’s hospital expenses, and received KRW 16,00,000 from the victim to September 27, 2016, by remitting KRW 50,150,000 in total nine times from the victim, as stated in the separate crime list from September 27, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C’s petition;

1. Details of transactions of deposits and withdrawals;

1. Each internal investigation report and accompanying materials;

1. The application of Acts and subordinate statutes to each investigation report and accompanying materials;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Recommendations based on the sentencing criteria;

(a) Determinations of types: Fraud, general fraud, and type 1 (less than KRW 100 million);

(b) Special sentencing factors: The punishment is not to be mitigated.

(c) Determination of the recommended territory: Reduction territory;

(d) Scope of recommending punishment: One month to one year.

2. Sentence;