beta
(영문) 인천지방법원 2015.02.12 2014고단8869

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On December 27, 2013, the Defendant was charged with non-detained on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) with the Busan District Court's Branch Branch on December 27, 20

On October 6, 2014, the Defendant stated to the effect that “The Defendant would promptly repay 50,000 won by attaching profits to the victim C, because the Defendant would have a benefit of KRW 500,000,000,00,000,000,000,000,000,000,000,000,000,000 won.”

However, in fact, the defendant did not receive money from the victim to use it for another purpose, and there was no particular income due to bad credit standing at the time, so even if he received money from the victim, he did not have an intention or ability to purchase or repay the money.

The Defendant, by deceiving the victim as above, received 5,500,000 won from the account of community credit cooperatives under the name of the Defendant as the purchase price in the middle and second day from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the choice of punishment for the crime (Selection of a fine in consideration of the fact that an agreement is reached smoothly with the victim

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;