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(영문) 서울동부지방법원 2017.04.20 2016고단4338

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On December 31, 2014, the Defendant loaned money to the victim C of 70 years of age who is not healthy due to liveram in Seocho-gu Seoul Metropolitan Government, Seocho-gu to the victim C of 70 years of age who is not healthy due to liveram. The Defendant is well aware of the position of the Party who is taking into account the cancer operation.

In order to pay more than KRW 10,00,000 to make it possible to use the medical expenses for the surgery due to a shortage of medical expenses for the surgery.In such case, the principal and interest will be paid up until June 30, 2015.

A false statement was made that there was a revenue of at least 7 million won in each month, and that it was owned within 505 Do, 1203 Do, Seongbuk-gu, Seongbuk-gu, Sungnam-si, and the farm is operated.

However, the Defendant did not operate a farm, but did not have any right to 505 dong 1203, Dong 1203, Sungnam-gu D Building 505 and 1203. The Defendant’s name and the balance of his husband’s account under the name of the Defendant and the Defendant’s husband’s account is not more than seven million won since there was no particular income, and thus, monthly income was not more than seven million won. Thus, the Defendant was under trial on December 30, 2014, where he borrowed money from the injured party by June 30, 2015.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) obtained from the victim on December 31, 2014 to May 23, 2015, KRW 53790,00 from the account transfer or cash loan account transfer from around December 31, 2014 to the victim; and (c) obtained the money by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Statement made by the police with regard to F;

1. Each report on investigation;

1. Details of each entry and withdrawal, a certified copy of each registry, and account transactions;

1. Application of Acts and subordinate statutes, such as each note, process deed, each copy of cash custody certificate, petition, etc.;

1. The grounds for sentencing [the scope of recommended punishment] of type 1 (the amount of less than 100 million won) of the same type of general fraud, under Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the choice of punishment ( comprehensively including the punishment of imprisonment) of the Criminal Act.