2015 Highest 1185 Fraudulent

A (83 years, inn), telecommunications sales

The right of a leap State (prosecutions) and motives (Trial)

November 11, 2015

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Facts of crime

The defendant tried to communicate each other's comments through the word "sophalphone", and to borrow money from the victim B by telephone conversations and by borrowing money from the victim B.

On April 19, 2012, the Defendant called the victim on the phone and provided the victim with “the head should go to the Ampha Hospital,” and then borrowed KRW 500,000,00 to the victim on the horse on April 4, 201.” However, the Defendant did not have any particular occupation at the time, and did not have any intention or ability to repay the money at that time even if he borrowed money from the victim because there was no particular income.

On April 19, 2012, the Defendant, by deceiving the victim, received KRW 500,00 from the victim to the Agricultural Cooperative account of the Defendant, and received KRW 500,000 from the time to May 31, 2014, a sum of KRW 57,897,70 from the time to May 31, 2014, as in the list of crimes, was remitted to collect KRW 74 in the name of borrowed money.

Summary of Evidence

Omission

Application of Statutes

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

Article 347(1) of the Criminal Code - Selection of imprisonment

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Reasons for sentencing

[Scope of Recommendation Form]

General Fraud Type 1 (less than KRW 100,000) Aggravated Area (from one year to two years)

[Person under Special Leave]

Where a crime has been committed repeatedly over a considerable period of time;

【Determination of Sentence】

Even though the amount acquired through deception is not much less than 74 times for a period exceeding 2 years, the victim wants to repeat the punishment of the defendant, on the other hand, except for a fine of one million won due to fraud in 2004, there is no particular criminal punishment, confession, and all other circumstances, such as the age of the defendant, shall be determined as the same as the order.

For the remaining judge