beta
(영문) 의정부지방법원 2015.11.30 2015고정1762

사기

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 24, 2013, the Defendant stated that “A victim B shall acquire and proceed with an apartment construction interrupteded in a fixed Eup, and if the Defendant borrowed only 10 million won to be used as a down payment, the Defendant would have to complete the payment in addition to KRW 20 million after a week.”

However, the Defendant was thought to use the money received from the victim as a personal purpose, the application for a loan for apartment construction was rejected, and there was no certain amount of income at the time, and thus, there was no intention or ability to pay the money later, even if he borrowed money from the victim.

Around October 24, 2013, the Defendant, by deceiving the victim, received 70,000 won from the victim to the head of a Tong of community credit cooperatives under the name of the Defendant, and received 9,300,000 won in total from the same passbook around October 25, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Copies of promissory notes, copies of payment notes, and details of transactions (C citizen D);

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

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

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;