2020 Highest 1219 Fraudulent

this defendant (tentative name) 00. Raw, non-existent

Residential Ulsan-gu

Assistant Superintendent General, Lee Jong-ho (Court of Second Instance),

Attorney Han* (Korean National Assembly)

January 15, 2021

A defendant shall be punished by imprisonment with prison labor for three months.

Criminal History Office

On November 18:48, 2019, the Defendant made a false statement to the victim’s Red Damage (on November 7, 2019, the Defendant sent the Kakakao messages to the name of the name of the name, and, if the surgery cost is insufficient to lend KRW 200,000,000 to the name of the name of the name of the name of the child, he would receive reimbursement of KRW 1 million,000,000,000 from

However, in fact, the Defendant did not have to perform abortion since it was not pregnant at the time. Even if he did not have any special property or occupation at the time and received the above money from the victim, he was thought to use it as living expenses, etc., and there was no money to be repaid since he did not have lent one million won to his natives. Therefore, even if he borrowed the above money, there was no intention or ability to repay it.

Nevertheless, at around 19:31 on the same day, the Defendant, by deceiving the victim as above, received 26,600,000 won in total from the time until January 2, 2020, under the name of the Defendant from the victim to the account in the name of the Defendant, from the victim, and received each of the above amounts of KRW 26,60,000 from the time to January 2, 2020.

Summary of Evidence

(Omission)

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 347(1) of the Criminal Act (generally, choice of imprisonment)

1. The grounds for sentencing: Imprisonment with prison labor for a period of one month from ten years;

2. Scope of recommended sentences according to the sentencing criteria;

[Determination of Punishment] Fraudulent Crime: General Fraud [Type 1] below 100 million won

[Special Sentencing) Mitigation element: Cases where the victim is responsible for the expansion of damage;

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment from one month to one year

3. Determination of sentence;

It is advantageous to the fact that the defendant led to the crime of this case, and there is no record of criminal punishment so far. However, the sentence of punishment is inevitable in that the defendant deceivings the victim of the crime of this case, thereby resulting in the failure to recover from the damage. In addition, considering various sentencing factors, such as the defendant's age, environment, motive for the crime, means and consequence of the crime, circumstances after the crime, etc., the sentence shall be determined as per the disposition (However, the defendant shall not attend the court on the first trial date in good faith and be detained by court for the purpose of guaranteeing his right of defense, etc.).

Judges Kim Gin-Un

1) The phrase “27,600,000 won” in the indictment is a clerical error in the words “26,600,000 won”.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.