사기
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On April 25, 2018, the Defendant made a false statement to the effect that, at the office of the Defendant’s head of the Yeongdeungpo-gu Seoul Building C, the Defendant called “D, who was known to the general public, shall perform the restaurant business and restore the restaurant to its original state, but the building owner shall pay the restaurant deposit, and if the removal cost is the mother and child, he/she will receive the deposit within 10 days after he/she borrowed the money.”
However, even if the defendant received money from the victim, he did not intend to use the money for the personal purpose, but did not intend to use it for the removal cost. The amount that the defendant is entitled to receive when deducting the monthly rent and the removal cost from the deposit is not more than 1.5 million won, and even if he borrowed money without any particular income or property, he did not have any intention or ability to repay it.
As above, the Defendant deceptioned D and caused D to lend money to the victim E, who is the child, and received a remittance of KRW 8.5 million to the National Bank Account (G) in the name of F on the same day.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Details of deposit transactions and receipt of letters;
1. Application of Acts and subordinate statutes to investigation reports (verification of the moving route of rent);
1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant reflects the crime of this case, that the defendant is the primary offender, that the defendant has repaid the amount of KRW 3.5 million out of the amount obtained by deception, that the defendant has recovered from additional damage, and that the defendant has recovered from additional damage, and other circumstances shown in the trial process of this case, such as the defendant's age, character and conduct, family relationship, environment, etc., shall be determined as per the disposition.