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(영문) 수원지방법원 2017.10.25 2017고정2453

사기

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On September 2, 2015, the Defendant made a false statement to the victim D, who is a workplace partner, that “if the Defendant lends KRW 1,000,000 to the 1,000 won due to a shortage of tax and living expenses, 30,000 won on the 10th day of each month, the Defendant would pay the 300,000 won in a way of full payment.”

However, since the defendant had a debt to the lending company at the time and had been in bad credit standing, there was no intention or ability to repay the debt even if he borrowed the money from the damaged party.

The Defendant received KRW 1,00,000 from the injured party on the same day as the borrowed money, from the Defendant’s female-friendly E account (Account Number:F) and received KRW 5,120,000,000 in total from that time to January 8, 2016 by the same method as in the list of crimes in attached Form 11 in the same manner.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. An investigation report (Submission of the details of the account of the suspect A National Bank, the Korean bank account), an investigation report (verification report on credit rating of the suspect), and an investigation report (a suspect A who proves the amount of income in 2015 and a report by facsimile);

1. Application of Acts and subordinate statutes on a copy of transaction details, such as transaction specifications, and a copy of Kakao Stockholm transaction details;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

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;