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(영문) 부산지방법원 동부지원 2018.01.25 2017고정1117

사기등

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

1. The Defendant: (a) around 11:00 on June 24, 2015, the victim AB “AC” located in Yangsan-si; and (b) the victim AD’s “one million won which is a debt”; (c)

and there is an installment savings of 3.3 billion won in its settlement, and the termination has been made.

C. Governing the settlement.

“A false statement.”

However, there was no intention or ability to solve the problem to the victim.

The Defendant, as such, by deceiving the victim, received 200,000 won from the victim, “it is necessary to give money to bank employees, and 200,000 won per month.”

2. On June 25, 2015, the Defendant: (a) made a false statement to the victim AD at a trade name in Gyeyang-dong, Gyeyang-gu, Yangsan-si; (b) made a false statement to the victim AD, stating that “If 3.3 billion won installment savings are shouldered, she must go to the Bank located in Ulsan-si; and (c) took advantage of the victim’s vehicle; and (d) made a false statement to the victim, stating that “The Defendant shall extract money from KRW 2.0 million, but transfer gift certificates to employees instead of the gift certificates.”

However, the facts did not include 3.3 billion won installment savings.

The Defendant, by deceiving the victim as above, received KRW 2 million from the victim to the victim at the franchis shop around the Gyeongnam-gu, Ulsan-do, where the victim was at the time of Ulsan-do and then withdrawn from the franchis passbook through the franchis passbook.

3. The Defendant parked the victim's AD and franchis in a mutually infungdong-dong, Yangsan-si, as set forth in paragraph 2, in the vehicle where the victim franchiscing the victim's vehicle, and franchiscing it at the victim's coffee shop in front of the victim's coffee shop, and 150,000 won in cash and 3,000 won in cash within the victim's coffee shop.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to AD;

1. Relevant Article 347(1) of the Criminal Act (the point of fraud), Article 329 of the Criminal Act (the point of intention in Section 329), and Article 1.