beta
(영문) 수원지방법원 2020.09.25 2020고정720

사기

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 13, 2019, the Defendant was sentenced to six months of imprisonment with prison labor in the Suwon District Court’s Eunpyeong Housing Site District Court for embezzlement, and the judgment on June 24, 2020 became final and conclusive.

The defendant is a person who works as a real estate consultant.

On February 19, 2019, the Defendant made a false statement to the effect that “C” located in the Dong-gu, Chungcheongnam-gu, Dongandong-gu, 2019, the victim D would receive additional 400 million won from the existing lending limit, because there is an employee of a bank who has a relative, but should pay 1 million won in the name of the street fund to the related person, and the alcohol would pay 3.5 million won in the first place.”

However, even if the defendant receives money from the victim, he did not have any intention or ability to use the money for the purpose of raising the limit of loan to the victim or for the purpose of using it.

The Defendant, by deceiving the victim as above, received 3.5 million won from the victim and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of trade-related Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Even if equity is considered with the case where a judgment on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is rendered concurrently with the case where the judgment on the grounds of sentencing of Article 334(1) of the Provisional Payment Order, the amount of fine under the summary order is appropriate when considering the content and scale of the crime, the amount of