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(영문) 서울중앙지방법원 2019.01.17 2018고단5232

사기

Text

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

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

Reasons

Punishment of the crime

On February 26, 2017, the Defendant: (a) at the office of “C” located in Gangnam-gu Seoul, Seoul; (b) the victim D referred to as “F Bank to open a Masp loan passbook if the installment of E-motor vehicle in operation within the country is paid in full; (c) if the Defendant lent KRW 15.8 million to the F Bank, he/she would immediately have paid in full the installment to the said money, and then, (d) opened a 60 million won fake passbook and repaid the money by February 28, 2017.”

However, around that time, the Defendant retired from a company accompanying the Defendant, while there was no certain income, and was in excess of the obligation due to Internet gambling, etc., and sought to use money from the victim as money for gambling at the Internet, and there was no intention or ability to repay the borrowed money to the victim after using the money for the full payment of the motor vehicle.

Nevertheless, on February 26, 2017, the Defendant, as above, obtained a false statement from the victim, and acquired a total of KRW 15.8 million, including KRW 5.8 million on February 27, 2017, and KRW 15.8 million on February 27, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of each receipt, each I message statute;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Although the nature of the crime is not good in light of the motive and background of the crime in the sentencing of Articles 70(1) and 69(2) of the Criminal Act, the confession of the crime was made, the amount of damage was relatively small in the amount of KRW 15 million, the full amount of damage was paid to the victim each month during employment and agreed with the victim at the end of the advanced efforts for the recovery of damage, such as paying a certain amount of money every month during the employment. The primary crime is that the victim will not repeat again, and the defendant's age, character and behavior, occupation, relationship with the victim, and circumstances after the crime are considered.