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(영문) 청주지방법원 2018.11.27 2017고단1217

사기

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall pay 60,750,500 won to the applicant through fraud. In this case, the defendant shall pay the applicant the amount of compensation.

Reasons

Punishment of the crime

On May 2016, the Defendant became aware of the Victim B through “C”, a smartphone-making app, and had been aware of the fact as if he was an unmarried female with her husband and her child, and had pretended that money is urgently needed in the wife where she or her family were frighted, and had the intent to obtain money from the victim who was frightd with her sense of view.

On June 7, 2016, the Defendant sent D’s message to the Defendant on June 7, 2016.

In addition, the mother's health is in the middle-patient department of E hospital because her mother's health is in a critical condition.

It shall be repaid with a loan of KRW 500,000.

“A false statement was made to the effect that it was “.”

However, the fact is that the defendant was not hospitalized in the mother-child hospital, and even if he borrowed money from the injured party, there was no intention or ability to pay the money.

Defendant deceiving the victim as above and received 50,000,000 won from the F bank account (G) in the name of the Defendant on the same day from the victim, from that time, and acquired 60,750,500 won in total from that time through January 3, 2017, as shown in the List of Crimes, from that time to January 3, 2017.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. The detailed statement of D message, the detailed statement of damage, inquiry about liquidity transactions, the statement of mobile phone charges, and the application of Acts and subordinate statutes governing family relations certificates;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act selection of punishment, and imprisonment;

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. Articles 25 (1), 31 (1) and 31 (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. The reason for sentencing under Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of the Declaration of Provisional Execution, is the case in which the defendant is a female and the victim approaches the victim, thereby deceivings KRW 60 million over 109 times by using the victim’s patriotic sentiment, and is a good in terms of criminal law.

In addition, the procedure of trial is being avoided for a long time.