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(영문) 인천지방법원 부천지원 2019.02.19 2018고정943

사기

Text

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

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

Reasons

Punishment of the crime

On December 23, 2017, the Defendant, at the Defendant’s house of Seocheon-gu, Seocheon-gu, Seocheon-gu, B apartment C, posted an advertisement letter related to business start-up through the Internet site Pkbook, and falsely stated that “If the Defendant sent it after receiving business materials after having subscribed to the security deposit for materials, he will send the security deposit and the receipts and disbursements.”

However, in fact, the defendant was planning to acquire the security money under the pretext of allowing the side business, and after allowing the victim to do the side business, there was no intention or ability to pay the security money and the funds for the collection.

Around December 23, 2017, the Defendant, by deceiving the victim as above, received KRW 13,000 from the victim with the K Bank account (O) in the name of N, and received KRW 12,000 from the above K Bank account on or around the 25th of the same month, KRW 25,000 from the K Bank account in the name of R (T) on or around the 29th of the same month, and KRW 50,000 from January 10, 2018.

Summary of Evidence

1. Among the protocol of interrogation of the police against the defendant, the part that the defendant dialogues with the victim by U opened in the name of N, and that the defendant stated that he/she was sold by the victim after receiving the completed number of persons from the victim

1. Each police protocol on Q and R;

1. Application of Acts and subordinate statutes on transfer transactions;

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

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the denial of the crime of this case, the return of the amount obtained by deceit to the victim, the circumstances of the crime of this case, the method of the crime, the environment of the defendant and the circumstances after the crime, etc., and the various sentencing conditions specified in the records and arguments as ordered.