beta
(영문) 서울남부지방법원 2017.06.23 2017고정677

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 February 10, 2017, the Defendant was sentenced to three months of imprisonment for fraud at the Seoul Southern District Court, and the judgment became final and conclusive on May 9, 2017.

On May 2, 2015, around 16:00, the Defendant would have the victim B (59 years and South) (59 years) receive appraisal fees for real estate security loans requested by financial consulting experts, and would have the bank borrow 3.2 billion won by the appraisal fees.

As a result, 8 million won was changed from among 38 million won to 38 million won for the appraisal request fee, and the daily treatment would be solved within 3 weeks.

However, even if the defendant receives down payment from the injured party, he did not have the intention or ability to accept the loan.

On May 4, 2015, the Defendant received 4 million won from the damaged party to the Saemaul Treasury Account in the name of the Defendant, and 4 million won from the said Bank Account on the 12th of the same month, such as receiving transfer of 4 million won to the said Bank Account on the 12th of the same month, and acquired it by deceiving 8 million won as the contract deposit for appraisal costs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Previous conviction in judgment: Application of the defendant's statutory statement statutes;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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;