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(영문) 서울중앙지방법원 2017.09.21 2017고단3004
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 2015, the Defendant served as a nurse in the Central University Hospital Hospital in the Seocho-gu Seoul Metropolitan Government Blackdong Apartment Apartment apartment site, and the victim C.

The husband needs to appoint a lawyer by requiring divorce, but the cost of the lawyer is necessary.

In addition, her husband demands 20 million won on condition that her husband waives parental authority.

집을 내놨는데 팔리지 않아 돈이 융통되지 않는다.

The collection shall pay the money immediately from his own interest.

“The purpose of “ was to make a false statement.”

However, the Defendant, without a certain occupation, temporarily appropriated the living expenses of arbane, was expected to use the money from the victimized party as the mother’s debt repayment, and there was no house owned by the Defendant, and there was no intention or ability to repay the money even if the Defendant borrowed money from the victimized party.

Nevertheless, on July 13, 2015, the Defendant: (a) by deceiving the victim; (b) received KRW 500,000 from the victim to the Agricultural Cooperative Deposit Account (D) under the name of the Defendant; and (c) received the total sum of KRW 19,00,00 from July 13, 2015 to October 31, 2015, as stated in the list of crimes in the separate sheet of crimes.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. C Complaints;

1. Application of Acts and subordinate statutes to the original copy of a process deed, a credit investigation report, a resident registration card, a credit information inquiry statement, and a statement of account transfer;

1. Relevant Articles 347(1) and 347(1) of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the protection and observation of protection and the reason for the sentencing of Article 62-2 of the Social Service Order Criminal Act [the scope of recommendations] / In the mitigated area (10 million won or less) of Class 1 (100 million won or less) [1 month or year from January to 1] of the mitigated area / [the suspension of execution] in the case of intentional deception [the negative factors] - Unagreement - The affirmative factor : The intentional deception was committed.

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