beta
(영문) 서울중앙지방법원 2018.02.06 2017고정3300

사기

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who has no fixed occupation.

On April 24, 2017, the Defendant called the victim C at a consulting office located in the Seoul Saridong, Seoul, to lend money to the victim only KRW 6 million. The Defendant shall pay the money by the next week.

“A false statement” was made.

However, the defendant did not have the intention or ability to repay it within one week, even if he borrowed 6 million won from the injured party, because he had been in the process of individual rehabilitation.

The defendant is deceiving and belongs to the defendant, and the defendant was sent 6 million won to the deposit account (Account Number: D) in the name of the defendant from the injured party.

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

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspect of the defendant;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on a complaint, a statement of transfer, and a written decision on personal rehabilitation;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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;