beta
(영문) 창원지방법원 2015.11.11 2015고정1062

사기

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. Around December 19, 2008, the Defendant stated that “A victim C shall receive hospital treatment urgently. If the Defendant borrowed money, he will give interest twice a month and pay the principal immediately after making the request.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

The Defendant received five million won from the victim.

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

2. Around March 9, 2010, the Defendant stated that “Around March 9, 2010, the Defendant shall pay the victim KRW 2 million borrowed from Dozin D with no money,” at the place specified in the foregoing paragraph (1). If the Defendant borrowed KRW 2 million, he/she shall collect KRW 5 million borrowed from Dozin and immediately repay KRW 7 million.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

The Defendant received two million won from the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

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

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

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

4. Article 334 (1) of the Criminal Procedure Act.