beta
(영문) 서울중앙지방법원 2012.11.13 2012고정4719

사기

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around 14:00 on October 20, 2008, the Defendant made a false statement to the victim C who is an elementary school dong-ju B, which read “I will complete payment by 27 days later than a week if I lend three million won to be paid in advance.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

As such, the Defendant, by deceiving the victim, received three million won from the victim to the account of community credit cooperatives in the name of the defendant, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes of table of remittance transactions;

1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;