2019 Highest 1954,4164 (Joint), 5257 (Joint) Fraud

Egrified (tentative name), 67 years old, female, Company Board

Residential Ulsan

Reference domicile

Documents sent, Kim Young-young, Park Jin-Jin (prosecutions) and personal defense (public trial)

Attorney Park Jong-soo (Korean National Assembly)

June 3, 2020

Defendant B shall be punished by imprisonment with prison labor for five months.

Facts of crime

[2019 Highest 1954]

Around January 5, 2018, the defendant introduced and proposed to be married to the victim's assistance ○ in Ulsan, the defendant sent a female photograph with his name-free female to the victim, and proposed to be sent to the nurse of Siti Hospital, and the defendant pretended as if the defendant was the above woman, and then the victim is required to pay hospital expenses rapidly because he was hospitalized to the hospital. The defendant made a false statement to the effect that "the defendant will pay off the money loaned to the patient who borrowed the hospital expenses."

However, in fact, the defendant sent the victim's name-free female photograph to the victim, as if the defendant was the nurse of the Ethye Hospital, the defendant was the victim, using the female who is the defendant's seat, and was believed to be the nurse to be able to see the contact with the victim, and there was no intention or ability to introduce the nurse to the victim, or to pay off the money borrowed from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 1.4 million from the victim to the Agricultural Cooperative account under the name of the Defendant-designated by the Defendant (tentative name). From that time to June 14, 2018, the Defendant deceivings the victim in the same manner as the attached crime list, and received a total amount of KRW 59,80,000 from the victim to June 27, 2018. [The Defendant received KRW 4164 of the order of 2019.]

On September 7, 2018, at a place where the place is unknown, Defendant 1 knew that it was a well-known house by phone to the victim, who operates the salted fish house in the Jeonbuk-gun located in the Jeonbuk-gun, and reporting on the website. At present, Defendant 1 made a false statement to the effect that, if he was hospitalized in the hospital, and the salted fish is not good, he would pay the price immediately after the discharge scheduled on September 10, 2018. However, Defendant 1 did not have any intention or ability to pay the price even if he received the salted fish from the victim, even if he did not receive the salted fish.

As above, the Defendant: (a) by deceiving the victim as above; (b) obtained from the victim, the spoched 1 kilograms of spoched fish, 1 kilogramed fish, spoched 1 kilogramed fish, 1 kilogramed fish, 1 kilogramed fish, 1 kilogramed fish, and 6 kilograms of implied kimchi, food equivalent to KRW 158,000 in total.

[2019 Highest 5257]

On August 5, 2018, Defendant wanting to turn on to ○○○○ (56 years of age) of a prompt victim’s grandchildren by phone, and did not have any money to be paid to him for his father. There is no money to be paid. There is a seizure on the real estate inherited from his father, but if the real estate was leased one million won, Defendant made a false statement to the effect that he would cancel the seizure, receive the loan, and pay the canle value.

However, in fact, the Defendant had no real estate inherited from his father and was obliged to pay the hospital expenses of Yang Indones. Therefore, even if he borrowed money from the victim, the Defendant had no ability to pay it normally. As such, the Defendant deceiving the victim as above, and then, the Defendant was transferred KRW 700,000,000 to the Nonghyup Bank Account in the name of the victim for the loan from his father, with the name of the victim, KRW 70,000 won around August 9, 2018, KRW 12:56 on the same day, KRW 20,000,000 in total, around 12:56 on the same day, and KRW 50,000 on the 13th day of the same month. Accordingly, the Defendant received property by deceiving the victim.

The summary of evidence (to be omitted)

Application of Acts and Subordinate Statutes

1. Relevant legal provisions and selection of punishment on the facts of crime;

Articles 347(1) of the Criminal Code

1. Aggravation of concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Grounds for sentencing: Imprisonment with prison labor for not less than one month nor more than ten years;

2. The scope of recommending sentences according to the sentencing standards.

[Determination of Type] Fraudulent Crime 01. General Fraud [Type 1] below 100 million won

[No person who has any special sentencing factor]

[Scope of Recommendation and Recommendation] Basic Field, Determination of Sentence 6 months to 1 June 3, 190

All of the Defendant’s instant criminal acts are recognized, the full amount of damage was repaid to two of the three victims, and part of the damage was paid to one of the three victims, etc., under favorable circumstances to the Defendant, such as the fact that there are many of the victims of the same kind of electricity, the Defendant was out of the victim’s khum, and not only did the victim agreed with the other victims, but the amount of the damage not recovered to the victim’s knum knum knum knum knum knum knum knum knum knum knum knum knum knume knume knume knume knume knumse knumse knum knum knum knum knum knum knum num num num knum k, etc.

Judges’ or higher leaves

A person shall be appointed.

A person shall be appointed.