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(영문) 서울중앙지방법원 2019.06.11 2019고정784

사기

Text

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

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

Reasons

Criminal facts

On December 18, 2015, the Defendant made a false statement to the victim D, “C” office located in Seocho-gu Seoul Metropolitan Government, stating that “In order to purchase a vehicle in the name of a juristic person at home, there is a lack of KRW 5 million as a down payment. If the Defendant borrowed KRW 5 million, the Defendant would lend the vehicle as security and pay the borrowed money until December 26, 2015.”

However, in fact, the defendant did not think that he would borrow money from the victim to E again upon the request of E, but did not think that he would purchase a AD vehicle in the name of a juristic person or borrow money as a security. Since there was no particular property, there was no intention or ability to repay the money even if he borrowed money from the victim.

Nevertheless, on December 21, 2015, the Defendant received KRW 5 million from the victim to the G bank account of the Defendant’s father F’s husband and wife as the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

2. Application of the police statement law to D;

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

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

3. Article 334 (1) of the Criminal Procedure Act.