사기
Defendant shall be punished by a fine of KRW 700,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Punishment of the crime
On February 1, 2020, the Defendant concluded on February 1, 2020 that “The Defendant shall pay the victim with the borrowed money on February 25, 2020, 200,000 won.”
However, in fact, the Defendant had a debt equivalent to KRW 200 million at the time, and the Defendant’s salary was expected to be recovered from the insurance company, so even if he borrowed money, he did not have the intent or ability to repay the borrowed money.
Nevertheless, the Defendant deceivings the victim as above and received 2 million won in cash from the victim on the same day.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Application of Acts and subordinate statutes on a complaint and a loan certificate;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order, including the size of the criminal punishment, age, character and conduct, environment, motive of the crime and circumstances after the crime, shall be determined by taking into account all the conditions of sentencing as stated in the arguments, including the criminal punishment records, age, character and conduct, circumstances after the crime.