beta
(영문) 부산지방법원 동부지원 2013.05.27 2013고정348

사기

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant was sentenced to six months from May 13, 2010 as a crime of occupational embezzlement at the port branch of the Daegu District Court, and completed the enforcement of the sentence in the port prison on December 27, 2010.

Criminal facts

The introduction of B, which was known to the Defendant while engaging in a bowling club activity, led to the confluence of the victim C with the victim, was already conducted with D on the premise of marriage. Notwithstanding the fact that the Defendant had no intention to marry with the victim, the Defendant, despite of the absence of an intention to marry with the victim, provided that “I would like to lead a stable life by making it difficult for the victim to live in a stable manner. I would like to live in a same way by marriage.” The Defendant started the teaching system on the premise of marriage between the victim and the victim.

On June 21, 2011, the Defendant sent a phone call to the victim C, and told the victim C to “I wish to pay money first, because I do not have money. I wish to pay money immediately.”

However, the defendant did not have any intention or ability to repay money even if he borrowed money from the victim due to no particular property or income at the time.

Nevertheless, the Defendant, as seen above, received 170,000 won from the victim to the Defendant’s post office account on the same day as the loan money from the victim, and acquired 18,100,000 won in total from the time to July 22, 2011, as stated in the attached crime list, from around 10 times.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Previous convictions in judgment: Criminal records, previous records of disposition, results of confirmation, and attachment of written judgments, etc. and application of Acts and subordinate statutes concerning investigation reports (verification of the date of release);

1. Relevant Article 347(1) of the Criminal Act concerning criminal facts and selection of fines.