사기
A defendant shall be punished by imprisonment for not less than three months.
Punishment of the crime
On December 4, 2014, the Defendant was sentenced to a suspended sentence of 4 years and a fine of 15 million won for a two-year imprisonment with prison labor for fraud, etc. at the Suwon District Court on December 4, 2014, and the said judgment became final and conclusive on March 5, 2015. On July 1, 2016, the Seoul Central District Court sentenced the Defendant to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and became final and conclusive on March 16, 2017.
around 19:00 on April 12, 201, the Defendant provided the victim C with the same as if he/she had the right to complete the G sports in the name of E (F) through D in front of the KT telephone station located in Gangdong-gu Seoul Metropolitan Government on April 12, 201, and lent KRW 32 million on April 27, 201.
A false statement was made.
However, F did not allow the above loan to be offered as collateral to the person under the name of the above benz and the person under actual use of the E or the car.
As above, the defendant deceivings the victim as above and received 32 million won from the victim as the loan money on the same day and acquired it by deceit.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness D, H and F;
1. Some statements made to the prosecution or the police concerning the accused in the suspect interrogation protocol;
1. Each police statement made against the defendant or C;
1. A written statement of C and I;
1. Investigation report (to hear statements by telephone from suspect A-related witnesses);
1. Details of account transactions, each account statement, loan certificate, loan certificate, business registration certificate, certificate of seal imprint, etc.;
1. Previous convictions in judgment: Inquiry about criminal history, and application of each judgment (Evidence List 25,26) Acts and subordinate statutes;
1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;
1. The latter part of Article 37 of the Criminal Code dealing with concurrent crimes: (a) should take into account the equity in the case of being tried at the same time with the criminal facts before the judgment on the grounds of sentencing of Article 39(1) of the Criminal Code; (b) it appears that the establishment of a security right within a certain amount of money is allowed for the said benz automobiles; and (c) the defendant's seal.