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(영문) 수원지방법원 2018.01.17 2017고단2575
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 3, 2016, the Defendant made a false statement to the victim C Co., Ltd., Ltd., the Defendant, “I would pay back immediately upon borrowing money from her mother’s hospital expenses to her mother’s hospital expenses urgently required.”

However, the Defendant was thought to be used as debt repayment due to a large amount of debt and her mother did not have hospitalized in the hospital, and even if her mother borrowed money from the injured party, she did not have any intent or ability to repay the money.

As such, the Defendant, by deceiving the victim, received KRW 500,00 from the victim to the national bank account in the name of the Defendant, and received total of KRW 13,650,000 from the victim nine times from May 30, 2016 to July 26, 2016, as indicated in the list of crimes in the attached Table.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Remittance statement, Kakao Stockholm statement, a suspect's account transaction statement, and the application of Acts and subordinate statutes to credit information inquiry statement;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of a penalty;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing criteria [Scope of the recommended punishment] General Fraud: The basic area (six months to one year and six months) (no person subject to special sentencing) shall be added to the sum of gains of Class 1 (less than KRW 100 million).

2. Unrepared recovery of victims of the determination of sentence, the first offender, the amount of damage, etc.

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