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(영문) 수원지방법원평택지원 2020.11.17 2020고단639
사기등
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Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

(2020dan639) On April 18, 2019, the Defendant made a false statement to the victim B by telephone at a place not known to him/her around April 18, 2019, stating, “The removal of the storage of documents adjacent to D in the Gyeonggi-do, E-dong that is being removed shall have approximately KRW 200 to KRW 300,00,000, and the scrap metal will have to have to have been removed immediately to F-dong.” The Defendant made a false statement to the victim B, stating that “The removal of the storage of documents adjacent to D in E-dong, Gyeonggi-do, would have to have been KRW 260,000,000 per ton per week with the full amount of KRW 10 million.”

However, the defendant did not have any intention or ability to provide the victim with scrap metal equivalent to 700 tons even if he/she received advance payment from the victim because he/she was not ordered to do so.

On April 28, 2019, the Defendant, by deceiving the victim, received KRW 10 million from the victim’s wife G account in the name of the Defendant’s wife (H).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A written statement of the I is to be investigated and reported (on-site visits and confirmation of the statement by the team leader himself/herself), photographs, investigation reports (verification of letters and statements by theJ), investigation reports (Contact with the K L), criminal investigation reports (cognating with the M), copies of bankbooks, and details of account transactions;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347 (1) of the Criminal Act and the choice of a fine for the crime;

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. The dismissal of an application for compensation is subject to various factors of sentencing, including the Defendant’s age, character and conduct, environment, motive and background of the offense, means and consequence, circumstances after the offense, health conditions, etc., including the confession of the Defendant and the reason for sentencing (the scope of liability for compensation is not clear).

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