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(영문) 수원지방법원 여주지원 2018.10.31 2018고단904
사기
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal records] On February 24, 2016, the Defendant was sentenced to eight months of imprisonment for criminal fraud at the Suwon Giwon, and was released on September 30, 2016, and the parole period expired on October 25, 2016.

[Criminal facts] The Defendant committed a crime on September 15, 2017 to the victim E in the vicinity of D stores in Ischeon-si, Leecheon-si.

It is necessary to receive hospital treatment, because there is no money, to lend hospital fees. There is land taken by parents, and a certified judicial scrivener is still in a lawsuit before the registration of land.

When the registration is transferred, the loan was made by means of false statement, stating that the loan amount will be repaid first, and the cost of the registration is changed.

However, in fact, the Defendant did not need hospital expenses due to brain border, and the Defendant did not have filed a lawsuit for the transfer of the registration of the land that he received from his parents, and thus, the Defendant did not have any intent or ability to repay the money even if he borrowed money from the victimized party.

As such, on September 15, 2017, the Defendant: (a) by deceiving the victim; (b) received KRW 2.2 million from the Defendant’s agricultural bank account (F) under the name of the Defendant for the loan from the victim; and (c) received KRW 4,965,00 from the victim on 23 occasions from February 26, 2018, as indicated in the separate crime list from February 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of passbook transactions;

1. Investigation report (investigation into land claimed by the person under investigation), all certificates of registered matters;

1. Details of financial transactions of Ethical branch offices in Ethacheon Agricultural Cooperatives;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, reporting on the minor previous convictions in disposition and reporting on the results thereof, and applying statutes on personal expropriation;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. The scope of punishment by sentence: Imprisonment for one month to 20 years;

2. The scope of the sentence recommended on the sentencing guidelines [the scope of the recommended sentence] general fraud (the amount of less than KRW 100 million) shall be the aggravated area (one year to two years).

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