beta
(영문) 서울동부지방법원 2021.03.30 2020고단1313 (1)

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On November 22, 2019, the Defendant made a false statement to the victim D, “C” located in Songpa-gu Seoul, Songpa-gu, Seoul, stating that “If the Defendant is liable for the remainder of the existing entertainment business establishment, like E, he/she would have performed his/her work, he/she would repay his/her obligation to the said remainder, and work as an employee from the Felt operated by the Party.”

However, in fact, the defendant received the advance payment from the injured party and tried to use it for his/her personal debt, living expenses, etc., and did not have the intent or ability to work as an employee at the business place operated by the injured person.

As such, the Defendant, by deceiving the victim, received a total of 3.2 million won from the victim, including the sum of 3.2 million won on November 22, 2019 and the sum of 2.2 million won on November 23, 2019, in the name of the Defendant under the name of the victim, under the pretext of advance payment from the victim.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to details of transfer process;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the crime, the selection of fines;

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;