beta
(영문) 서울동부지방법원 2015.09.17 2015고단1814

사기

Text

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

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

Reasons

Punishment of the crime

On February 17, 2009, the Defendant made a false statement to the victim D (the age of 56) that “If the Defendant was planning to construct a freezing warehouse on the site of 30,000 square meters in the available population E, the Defendant would immediately pay money if he borrowed money to the PF Fund KRW 16 billion.”

However, there was no final and conclusive dispute between the seller who intended to sell the above land, and accordingly there was no intention or ability to repay the PF loan even if it was borrowed money from the victim because it was almost unlikely that the PF loan will take place in a short period of time.

As above, the Defendant, by deceiving the victim, received KRW 14,00,000 from the victim, namely, from the victim’s seat, and received KRW 39,50,000 from the above date and time to October 2, 2010 in the same way as the list of crimes in attached Form 14 times.

Summary of Evidence

1. Defendant's legal statement;

1. On April 16, 2015, the Defendant’s statement written in D among the suspect interrogation protocol prepared by the prosecution is recorded.

1. Statement by the prosecution concerning D;

1. Application of Acts and subordinate statutes to deposits without passbooks, and copies of statements of transactions;

1. Article 347 (1) of the Criminal Act and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing of the provisional payment order is based on comprehensive consideration of all the circumstances revealed in the arguments, including the background and contents of each of the instant crimes, degree of damage, the victim's confession and reflects that he does not want the punishment of the defendant, the confession and reflects, and the criminal records, age, career, personal circumstances of the defendant including several criminal records of the same kind of crime, and family relationship