사기
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
[criminal history] On December 15, 2016, the Defendant was sentenced to imprisonment for a crime of fraud at the Chuncheon District Court on December 15, 2016, and the judgment became final and conclusive on February 6, 2017, and is currently in the enforcement of the sentence in the Common Detention House.
[2] On August 2016, the Defendant stated that “The Defendant borrowed 42 million won as a joint development from E” to the victim D at the office located in Chuncheon-si, Chuncheon-si, and that “The Defendant shall pay 22 million won to E the unpaid money.”
However, while jointly developing, the Defendant did not have any money to have the victim repay the money borrowed from E to E by having the victim repay it in full.
On August 10, 2016, the defendant deceiving the victim as above and let the victim deposit KRW 22,00,000 with E as a joint development loan, and immediately phone call to E and made the victim deposit money more than the money that the victim should have to pay as actual, and on the same day, the defendant acquired property benefits equivalent to the same amount by receiving KRW 22,00,000 from E to the agricultural bank account in the name of the defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of the accused by the prosecution;
1. Statement made by the police against D;
1. A trading statement;
1. An investigation report (E monetary statements), an investigation report (report on the results of checking the accounts transaction in the amount of KRW 22 million returned from E, and reporting on the results of checking the accounts transaction in the account transaction in the name of the defendant - details of the accounts in the
1. Complaint;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on the result of confirmation of the previous convictions in disposition, text of judgment and the current status of personal expropriation;
1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The defendant's reasons for sentencing of Article 334 (1) of the Criminal Procedure Act for the order of provisional payment are recognized.