beta
Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[2018 Highest 2242]
1. Fraud: (a) on July 15, 2017, the Defendant called the victim D, who had a usual friendship at Vietnam (hereinafter referred to as “Vietnam”); and (b) on the phone, the Defendant was in need of the purchase cost of materials.
It will be used as a purchase cost of materials to lend money, and it will be repaid together with interest.
The phrase “ makes a false statement.”
However, in fact, the Defendant was unable to repay the money from the damaged party due to the occurrence of 35 million won or more over 10% of the monthly interest each month, and the Defendant was thought to use the money from the damaged party for the repayment of bonds or gambling, not for the purchase of materials.
The Defendant received 1.5 million won from the victim’s bank account in the name of E on the same day from the victim to the bank account in the name of E, from August 7, 2017, from that time, the Defendant was transferred 5,3810,000 won in total from the victim by deceiving the victim seven times in the manner described in the list of crimes in the attached Form.
Accordingly, the defendant was given property by deceiving the victim.
[2018 Highest 2520]
2. The Defendant: (a) around 14:00 on January 24, 2018, the sum of USD 6,440 on around 14:0 to F hotel 203 located in Vietnam, Vietnam, and between the victim G, and USD 6,440 on the part of the victim’s street north bank owned by the Defendant;
L. A. L. theft was committed.
Summary of Evidence
[2018 Highest 2242]
1. Defendant’s legal statement
1. Statement made D;
1. Account transfer statement (2018 high order 2520);
1. Defendant’s legal statement
1. Application of the G Statements Acts and subordinate statutes;
1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act ( comprehensively, including frauds, the choice of imprisonment with prison labor), and Article 329 of the Criminal Act (a point of intention and choice of imprisonment with prison labor);
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;