beta
(영문) 서울북부지방법원 2013.09.06 2013고단921

사기

Text

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

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On March 2012, at the office of Yeongdeungpo-gu Seoul Metropolitan Government D Building No. 1505, the Defendant made a false statement to the victim F that “The Defendant would arrange a loan of 2 billion won to secure the Gyeonggi G land as collateral.”

However, the defendant did not have the intent or ability to arrange the lending to the victim, and the defendant was willing to use the appraisal fee for personal debt repayment.

Nevertheless, on April 17, 2012, the Defendant: (a) by deceiving the victim; (b) received 500,000 won in the name of one bank account under H as land appraisal expenses; (c) KRW 1 million in cash under the pretext of raising the appraised value on April 30, 2012; (d) KRW 3 million in the same account as the same on May 11, 2012; and (e) received KRW 10,50,000 in the aggregate on four occasions under the pretext of a contractual deposit as the borrower, around June 21, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes on H account details and account details;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Consideration of the fact that the sentencing ground of Article 334(1) of the Criminal Procedure Act has been agreed with the victim;