beta
(영문) 인천지방법원 2019.02.01 2018고단5165

사기

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On October 5, 2017, the Defendant made a false statement to the victim D, stating, “A person who wants to know at home can get a loan of 20 million won at the time of the lending company. A person in charge of the lending will be able to obtain a loan of 20 million won at the time of October 15, 2017 by means of a loan of 50 million won at the time of the lending company.”

However, in fact, the defendant thought that he will receive money from the victim to use it for the purpose of living expenses, etc., and there was no intention or ability to allow the lending company to loan to the victim.

As above, the Defendant, by deceiving the victim, received 500,000 won from the victim’s bank account in the name of E on October 6, 2017.

2. Around October 25, 2017, the Defendant called the victim D at the place specified in paragraph (1) and made a false statement to the effect that “The President Park Jae-chul has already made a loan more than KRW 70 million and it is difficult to grant a loan even if it is applied for a loan to the G bank. The Defendant may obtain a loan upon request from the head of the dispatching branch of the G Bank. However, if he/she wishes to obtain a loan through the branch office, he/she may obtain a loan by requesting the head of the dispatching branch office of the G Bank.”

However, in fact, the defendant was thought to use the money of the victim for the purpose of living expenses, etc., and there was no intention or ability to allow the victim to get loans from G bank.

As above, the Defendant, by deceiving the victim as above, transferred KRW 1,00,000 to the I Bank Account under the H’s name on October 26, 2017, and KRW 500,000 to the above Account on October 30, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. J messages sent and received by the complainant or suspect;

1. The details of deposit of KRW 500,000 into the E account, the details of deposit of KRW 1 million into the H account, the details of deposit of KRW 500,000 into the H account, and the application of the Acts and subordinate statutes on the transactions of K Bank in the H name;

1. Relevant Article of the Criminal Act and Article 347(1) of the Criminal Act, each of the choice of punishment for the crime (in the case of the crime described in paragraph (2) at the time of sale, including the crime), and the selection of each fine.