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(영문) 서울중앙지방법원 2020.09.25 2020고정1410

사기

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On July 15, 2015, the Defendant committed the crime at the time of July 15, 2015, concluded a false statement to the effect that “A” by accessing the Internet portal site B carpets to the victim D at a mutually influence that is linked to Jeju Island, and “I will exchange cash at USD E on the face of the week of deposit.”

However, the defendant did not have any intention or ability to exchange money with US dollars even if he received money from the victim due to the lack of US dollars.

The Defendant, by deceiving the victim as above, received 660,000 won from the victim via a new bank account (G) in the name of F around July 15, 2015.

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

2. On September 15, 2015, the Defendant committed the crime on September 15, 2015, lent KRW 2 million to the victim from the mutually influent hotel street that is linked to Jeju Island around September 15, 2015.

“The purpose of “ was to make a false statement.”

However, the defendant did not have any revenue at the time, was thought to use the above money for private gathering funds, and there was no intention or ability to pay the money normally even if he borrowed money from the victim.

As above, the Defendant, by deceiving the victim, received KRW 2 million from the victim to the Agricultural Cooperative (I) account in the name of H.

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

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Each investigation report (victim D telephone communications);

1. Each investigation report ( telephone conversations between persons for reference and the J);

1. Investigation report (to have telephone conversations of witness H);

1. Investigation report (K Communications for Witnesses);

1. Investigation reports and telephone conversations with persons in charge of L;

1. A criminal investigation report (investigation and submission of materials by the head office);

1. Report on investigation (the result of application for a warrant of search, seizure and inspection);

1. Application of Acts and subordinate statutes to a criminal investigation report (related to the account number deposited by a complainant D);

1. Article 347(1) of the Criminal Act and Article 347(1) of the same Act concerning criminal facts, the choice of each fine.