beta
(영문) 창원지방법원 2016.09.23 2016고정699

사기

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

[Criminal Records] On April 27, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for larceny at the Changwon District Court, and the judgment became final and conclusive on July 15, 2016.

[Criminal facts] On December 9, 2015, the Defendant: (a) before the victim C’s house located in the Busan Seo-gu, Busan Seo-gu, the Defendant agreed that the victim would be able to reach an agreement as an assault case; (b) the agreed amount is five million won.

A loan of KRW 2 million is not sufficient. If it is known, it shall be repaid at a rapid time with a loan of KRW 1 million.

“False speech was made to the effect that it was “.”

However, even if the Defendant borrowed money from the injured party, the Defendant did not have any intention to use it as a gold in the agreement of the assault case and did not have any intention or ability to repay it.

As such, the Defendant, by deceiving the victim, received KRW 1 million from the victim under the same day as the loan money, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Previous convictions in judgment: The application of Acts and subordinate statutes of investigation reports (report accompanied by judgment);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;