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(영문) 의정부지방법원 2017.11.30 2017고정1975

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On July 2, 2013, the Defendant would make a full payment to the victim within the D coffee shop operated by the victim C on July 2, 2013.

The phrase “ makes a false statement.”

However, the facts did not have the intent or ability to repay even if they borrowed the above money from the injured party.

The Defendant was transferred from the injured party one million won to the account in the name of the Defendant on the same day.

2. On November 8, 2013, the Defendant: (a) received money from the victim within the said coffee shop with a total of KRW 3 million from the previous borrowed money to the victim if he/she had no expenses to collect money to the local area; and (b) received money from the victim.

The phrase “ makes a false statement.”

However, even if the above money was borrowed, there was no intention or ability to repay it.

The Defendant borrowed KRW 3 million from the victim’s account in the name of the Defendant on the same day, as well as the transfer of KRW 1 million to the account in the name of the Defendant on the same day. On November 30, 2013, KRW 500,000,000 on February 15, 2014, and KRW 200,000 on June 19, 2014, respectively.

Accordingly, the Defendant was transferred a total of KRW 5.7 million over five occasions by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Investigation report (Submission of a certificate of transfer details by an complainant);

1. Application of Acts and subordinate statutes on a copy of a bankbook and Kakao Stockholm dialogue screen;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

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;