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(영문) 수원지방법원 여주지원 2016.10.14 2015고단409

사기

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall pay 46 million won to an applicant for compensation.

The above order shall be.

Reasons

Punishment of the crime

In May 2014, the Defendant made a false statement to the victim C at the Young Bae Bathing Beach located at the early port of Manman, stating that “The Defendant would have undergone a e-mail surgery before e-mail, and health is not good. There is anything wrong in the vertegal e-mail system to conduct a re-operation in spine, but to lend operating expenses.”

However, the defendant did not have been under cancer surgery, and there was no need to perform surgery, and there was no other intent or ability to repay the borrowed money to the victim as money for sports soil gambling.

As such, the Defendant, as well as the Defendant, by deceiving the victim, received KRW 1.1 million in cash from the victim, namely, from her seat, and received delivery of KRW 51,39,648 in total from around that time to December 20, 2014, as indicated in the annexed crime inundation list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A complaint;

1. The loan certificate;

1. Details of each account transaction and the application of Acts and subordinate statutes on loan transaction contracts;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for the sentencing of Articles 25(1) and 31 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings for Compensation [the scope of recommending punishment] General Fraud [the scope of recommending punishment] where serious damage is caused to the victim [one to two years and six months] [the person under special circumstances] [the decision of sentencing] under the favorable circumstances such as the defendant's timing of committing his/her crime and reflects against himself/herself. However, there are no significant amount of damage, on the other hand, the victim suffered serious damage, such as the victim's repayment of the money borrowed at high interest rate from the lending enterprise, and due to the crime of this case, the victim suffered serious damage, such as the victim's repayment of the money borrowed at high interest rate from the lending enterprise at Internet gambling and entertainment expenses, and the defendant led to an unknown state in the course of trial.