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(영문) 대전지방법원 2017.12.08 2016고정1193

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 2015, the Defendant confirmed the balance of the national bank account in the name of the Defendant to the Victim C, and offered the Victim E business vehicle owned by the Defendant as if Defendant A was in possession and management of the E business vehicle, as if Defendant A was in possession and management, and offered the Defendant to use the money from the damaged party by borrowing money from the Defendant.

On November 13, 2015, the Defendant’s mobile phone agent located in the Daejeon Middle-gu, Daejeon on November 13, 2015, the Defendant’s statement is that the victim’s mobile phone agent “an urgent need for daily cash.”

No money shall be withdrawn by loss of a cash card.

Since there is a balance of 5,070,000 won in the national bank account in the Republic of Korea, it is confirmed through the call center, and the money is loaned. It is intended to repay the money borrowed by re-issuance of the cash card at a morning.

Ethm vehicles managed by the internal government will also be entrusted as security.

“Falsely speaking.”

However, in fact, the money in the Defendant’s account was not owned by the Defendant, and E business vehicles did not have the right to dispose of the Defendant, and the money borrowed from the victim was thought to be used by B, and B did not have any intention or ability to repay the money borrowed from the victim due to the absence of any special property or income.

Accordingly, the Defendant, in collusion with B, by deceiving the victim as above, obtained cash amounting to five million won prior to the cash payment period for the branch offices of the Korean bank, which is located in the middle-gu Daejeon, Daejeon, Daejeon, the same day from the victim.

Summary of Evidence

1. Statement made by the police against C;

1. A protocol concerning the suspect B of the police;

1. Dials and photographs;

1. Application of Acts and subordinate statutes governing verification;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;