beta
(영문) 서울동부지방법원 2017.02.07 2016고정1611

사기

Text

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

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

Reasons

Punishment of the crime

Around November 28, 2015, the Defendant made a false statement to the victim E “D party room” located in Seongdong-gu Seoul Metropolitan Government, stating that “The Defendant would have processed and returned the her fry so that he/she has been engaged in the fry so that he/she can do so, and the clothes will be completed for about 15 days, and the cost would be 50,000 won and her fry, first of all, 200,000 won.”

However, in fact, even if the Defendant received money from the injured party, he thought that money was immediately used as living expenses, etc., and that he did not have any facilities to directly color or process the hair, so he did not have any intention or ability to return it by dyeing and processing it.

The defendant deceivings the victim as above and received from the injured party the delivery of 1 to 6 million won of the market price and 20 million won of cash in the name of processing expenses.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

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;