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(영문) 서울중앙지방법원 2019.06.07 2018고정2146
사기
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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

Around July 16, 2008, the Defendant entered the time limit for the extension operated by the victim D (n, 63 years of age) located in Gangnam-gu Seoul Building C, stating that “I wish to enter E, after having known about theme to be well paid until the end of the time limit for payment,” and became a member of the fraternity operated by the victim, and was paid the limit amounting to five million won each on July 16, 2008 and August 13, 2008.

However, on July 16, 2008, the Defendant received an amount of KRW 4950,00 from the victim, lent it to F, and requested F to pay the said amount in lieu of the payment. From July 16, 2008 to August 6, 2008, F paid an amount of KRW 4,340,000 to the victim directly or through the Defendant, but the Defendant did not have any intent or ability to pay the amount normally to the victim after receiving the additional payment from the victim on August 13, 2008.

On August 13, 2008, the Defendant, by deceiving the victim as above, obtained 4.69 million won from the victim as the guidance money from the victim and acquired it by deception.

Summary of Evidence

1. Statement made by witnesses D in the first trial record;

1. Application of Acts and subordinate statutes to the accounting books, cash storage certificates, and specifications of transactions of G bank related to deposit money, and written oaths prepared by suspects;

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. Judgment on the assertion of the defendant and defense counsel under Article 186(1) of the Criminal Procedure Act that bear litigation costs

1. The defendant and his defense counsel asserted that he received KRW 4.95 million from the victim's fraternity on July 16, 2008, but there was no fact that he received KRW 4.69 million from the fraternity on August 13, 2008.

2. The following facts are acknowledged based on the evidence duly adopted and examined by this Court:

A. The Defendant is “the instant guidance” operated by the victim E.

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