사기
Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
On April 11, 2017, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment for fraud at the Seoul Central District Court, which became final and conclusive on April 19, 2017.
On March 23, 2009, the Defendant, at the “D” restaurant operated by the Defendant in Gwanak-gu in Seoul Special Metropolitan City, lent KRW 10 million to the victim E (n, 49 years of age as the price for goods and food materials is urgently required, and then borrowed KRW 10 million, the interest shall be three copies per month, and the principal shall be repaid in a few months after the end of the month. Accordingly, the Defendant was transferred from the victim to the account in the name of the Defendant on March 24, 2009.
However, the Defendant had a debt equivalent to KRW 100 million at the time, and the restaurant operated did not have any intent or ability to repay the debt even if the Defendant borrowed money from the injured party because of almost no profit.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. Statement made by the police for E;
1. The application of Acts and subordinate statutes to a copy of a complaint, a copy of promissory note, and a statement of account transactions;
1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;
1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;