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(영문) 수원지방법원 성남지원 2017.10.12 2017고단1852

사기

Text

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

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

Reasons

Punishment of the crime

On April 16, 2015, the Defendant made a false statement to the victim D at the Seongdong-gu Seoul metropolitan market street store, Seongbuk-gu, Sung-gu, Sung-gu, Seoul, stating, “The Defendant lent money to the victim that he/she would have made a 10-% interest interest, and would receive the interest after using it for three months.”

However, at the time, the Defendant did not have any special property, and there was a debt of KRW 70,000,000,000,000 for each month, and even if he received money from the injured party, he thought to use part of the money for other purposes, such as personal debt repayment, etc., so even if he borrowed money from the injured party, he did not have any intention or ability to pay it.

The Defendant received KRW 6,200,000 from the damaged party, in total, KRW 184,653,00 from November 10, 2015, including the transfer of KRW 6,20,00 from the said party’s account via E’s Agricultural Account (Account Number:F).

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

Summary of Evidence

1. The defendant's legal statement (the date of the second public trial shall be the date);

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on deposit transactions;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Taking into account the following circumstances: (a) the reason for sentencing of Article 334(1) of the Criminal Procedure Act is against the defendant; (b) the victim did not want the punishment of the defendant upon agreement with the victim; and (c) the victim did not have any other criminal record except once a fine is imposed in 1999.