beta
(영문) 서울서부지방법원 2014.08.14 2014고단990

사기

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

At around 19:00 on March 12, 2012, the Defendant stated that “The Defendant would make payments for the food materials to the victim C, if the Defendant lent KRW 10,000,000,000, to the extent that the Defendant would lend it.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

Nevertheless, the Defendant received a total of KRW 7 million from the victim to the corporate bank account in the name of D on the same day, and KRW 10 million from the victim on the 15th day of the same month, such as receiving KRW 3 million from the victim.

Accordingly, the defendant deceivings the victim by deceiving the money.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act does not completely recover damage for the sentencing of Article 334(1) of the provisional payment order, the fact that there are several records of the same kind, and other various sentencing conditions shown in the argument