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(영문) 대구지방법원 포항지원 2017.10.12 2017고단475
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On May 2014, the Defendant became aware of the Victim C who was hospitalized in the same hospital in the Ganyang-si, Ganyang-si, Ganyang-si, Ganyang-si, and the Defendant had a property of at least 20 billion won for the victim, and the property found out of such property also exceeds 50 billion won.

Merely, approach was made.

On August 3, 2014, the Defendant called the victim at the residence of the Defendant located in south-gu, Nam-gu, and called “The Eth of the 90s E and jointly purchased real estate with the Defendant, and the land was 50 billion won at the present time,” and his heir accounts for the land and tried to recover the land in a lawsuit.

First of all, if the lawsuit cost, etc. is leased, the land will be found later and the case would be changed later, and thus, the loan of 1960,000 won would be changed first."

However, the defendant did not have any real estate purchased E and real estate, and there was no intention or ability to repay the money even if he borrowed money from the damaged person without any particular occupation at the time.

The Defendant, as above, by deceiving the victim, received 19,170,000 won from the victim to the new bank account in the name of the Defendant on the same day from the victim, and received 349,170,000 won in total from around June 29, 2016, including from June 29, 2016.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes on transactions;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes [Scope of Recommendation] [The grounds for sentencing under Article 38(1)2 and Article 50 of the same Act / [the scope of recommendation] There is no person who has a basic area (1 to 4 years) (1 to 50 million won) [the decision of sentencing] [the decision of sentencing] unfavorable: a large amount of damage, and a situation in which damage has not been recovered is favorable: the defendant is the case.

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