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(영문) 수원지방법원 2016.02.24 2015고단6067
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant became aware of the victim D of the same medical care protection as the Defendant was working as a medical care care worker at the C medical care center located in the Si population B at the time of tolerance.

On November 3, 2014, the Defendant was hospitalized in Ampha Hospital at the same place on the victim’s death.

The money will be paid off by borrowing KRW 1,000,000 on the face of the money. The money will be discharged from the bank.

The phrase “ makes a false statement.”

However, in fact, the defendant received money from the injured party and thought to use it as gambling expenses.

The Defendant, as stated in the crime list from around that time to March 4, 2015, received KRW 47,610,000 from the injured party as the borrowed money, by deceiving the injured party as well as receiving KRW 1,00,00 from the injured party as the borrowed money, and by receiving KRW 47,610,000 from the injured party as the borrowed money.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report of investigation (repreparation of a victim's currency and crime inundation);

1. Application of Acts and subordinate statutes on the results of electronic financial transfer, transaction details;

1. The reason for sentencing (the scope of recommending punishment) of Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts [the grounds for sentencing [the scope of recommending punishment] is that there is no person in charge of special sentencing] [the judgment of sentencing] [the defendant has repeatedly committed a crime over four months in several times during the period of four months]. The amount of fraud is not much much. The money obtained by deception is consumed as gambling expenses, all of the money is consumed as gambling expenses, and the damage is not entirely reimbursed until now, and the defendant and the victim are punished by imprisonment with prison labor for the defendant.

However, the fact that the defendant is recognized to commit the crime, the defendant has the same criminal record, but the defendant has no record of criminal punishment for about 10 years, and the age, sex of the defendant.

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