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(영문) 서울중앙지방법원 2012.11.16 2012고단727
사기
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Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 6, 2011, the Defendant made a telephone call to the victim C, saying, “Around August 6, 2011, the Defendant: “Around August 10, 201, the Defendant would deposit KRW 2,000,000 in the Chungcheong Korea Savings Bank.”

However, there was no intention or ability to deposit KRW 2 billion in the above savings bank even if the victim received money.

The Defendant, as such, by deceiving the victim, received KRW 26 million from the victim as a deposit fee around August 8, 201, under the pretext of the deposit fee.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. The statement of each part of the prosecutor's office and police interrogation protocol of the accused (including the C's statement);

1. Each police statement of C and E;

1. Application of Acts and subordinate statutes on trading lists by account;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Determination on the assertion of the defendant and his/her defense counsel under Articles 70 and 69(2) of the Criminal Act, which are confined in a workhouse.

1. The defendant and his defense counsel asserted that the defendant's deposit of KRW 2 billion with the Korea Savings Bank was asked by the victim to request and consented to D, and thereafter they agreed to deposit the above money by F, etc. by Gap's own rejection and again, the victim agreed to deposit the above money by F, etc., but even if F, etc. refused to deposit, it did not have the victim's intent to commit fraud and fraud.

2. The following circumstances revealed by the evidence adopted and examined by this court, i.e., the Defendant, upon request from the victim to deposit KRW 2 billion in the Korea Savings Bank on or around August 6, 201, alleged that the Defendant was paid KRW 26 million from the victim as a fee, based on the response that it is possible to ask the victim to deposit KRW 2 billion in the Korea Savings Bank upon request from the victim. However, D is entitled to receive KRW 26 million as a fee.

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