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(영문) 수원지방법원 2020.09.17 2020고정1032

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 13, 2019, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for larceny, etc. at the Suwon District Court on August 21, 2019, and the said judgment became final and conclusive on February 21, 2019.

The defendant is a person who was in a relationship with the victim B on November 2018.

On November 2018, the Defendant made a false statement to the victim stating that “The Defendant is engaged in money exchange projects in a foreign country, and monthly income exceeds KRW 20 million. The residence and office is located in a building C, and the victim believed that he/she was re-fited.” On November 201, 2018, the victim sent the profits to Australia because he/she did not settle the accounts with respect to his/her business. It can be resolved if there is only KRW 2 million. The cash account statement is not issued without the issuance of cash, and thus, it is necessary to lend money in the event of a business car.”

However, in fact, the Defendant did not actually raise the monthly income of KRW 20 million through the above business, did not have an office and residence in the intention, and was planned to use the said money for the cost of living at the time, and did not have any fixed profit, so there was no intention or ability to repay the money borrowed from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 1 million from the victim around November 13, 2018, KRW 1.6 million around November 15, 2018, KRW 200,000 around November 16, 2018, KRW 200,000 around November 21, 2018, KRW 200,000 around November 21, 2018, and KRW 5,50,000 from the victim to a single bank account (D) under the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation Report - Analysis of criminal suspect single bank account transactions;

1. A complaint;

1. Previous convictions indicated in judgment: Investigation reports (verification of facts during a trial after a single competition and a separate trial), amounts not to be disposed of, and reporting results of confirmation and application of 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 of the Criminal Code to treat concurrent crimes.