beta
(영문) 서울중앙지방법원 2013.04.12 2012고정6476

사기

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

[2012 high-level 6476] On December 1, 2011, the Defendant stated, “Around December 1, 2011, the employees of the Solomon Savings Bank Co., Ltd. intend to purchase a 2010-type D franchise, which would offer the said car as security if the Defendant loans KRW 20 million from the purchase price of the vehicle to the employees of the Solomon Savings Bank Co., Ltd., Ltd., to pay KRW 869,980 each month from December 1, 201 to November 30, 2014.”

However, the defendant did not have the intention to provide the above car as security to the victim and did not have the intention or ability to pay the above loan.

As such, the Defendant, by deceiving the victim as such, received 20 million won from the victim, namely, i.e., e., the victim.

[2012 high-level 6477] On December 2, 2011, the Defendant applied for a credit loan to E, an employee of the company at the Cheongyang-ri branch located in Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu, Seoul, 597-31, and made a false statement to the effect that “5 million won will be repaid in good faith by December 2, 2015 until December 2, 2015, if he/she borrowed 5 million won.”

However, the facts are that the defendant did not have certain income due to lack of occupation, and there was no intention or ability to repay the loan, and the documents submitted for the loan was forged.

As such, the defendant deceivings the victim, which is e.g., 5 million won from the victim, and acquired it by fraud.

Summary of Evidence

[2012 High Court 6476]

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Evidential materials, etc. to be submitted by the complainants;

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to a complaint (including attached materials);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The Criminal Procedure Act;