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(영문) 서울중앙지방법원 2019.06.27 2019고단2268

사기

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

From July 2018, at the restaurant, coffee shop, etc. near the Seocho-gu Seoul Metropolitan Government Yangdong, the Defendant displayed his own re-explosion to the victim B (the 68 years of age) on several occasions, stating, “In the Republic of Korea, C was born in 1951, D was born in 1951, had been working in inside the school, and his father's miscarriage was deposited in E Bank, and his father's miscarriage was deposited in E Bank.”

On November 5, 2018, the Defendant, at the victim’s office located in Seocho-gu Seoul Metropolitan Government F, entered a bank account in the name of G while stating that “If the Defendant lends KRW 3 million to the victim, he/she shall be paid the amount of money to be paid, he/she shall be paid within 3-4 days if the amount of money is fast, and at the latest, he/she shall be paid, and he/she shall be paid immediately if he/she fails to pay it.”

However, even if the defendant borrowed money, there was no intention or ability to pay the money.

Nevertheless, the Defendant received 3 million won from the victim who believed such false statement and acquired it from the victim who believed that it is true, immediately, through the H Bank (I) account in G name.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the detailed statement, record, and certificate of confirmation Acts and subordinate statutes;

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

1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning Expedition, etc. of Lawsuit for Compensation Orders;

1. The sentencing grounds of Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Sentence of Provisional Execution, the amount of damage caused by the fraud of this case, the failure to recover the damage, and other circumstances constituting the sentencing conditions indicated in the records of this case, such as Defendant’s age, criminal records, character and conduct, environment, motive and consequence of the crime, etc., shall be determined as ordered