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(영문) 서울동부지방법원 2018.09.11 2017고정1715
사기
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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On July 13, 2016, the Defendant made a false statement to the effect that “D” office for Defendant’s operation in Jung-gu Seoul Metropolitan Government, “I will complete payment as I will receive a fee of KRW 50 billion from the payment of KRW 30 million if I loan her mother money.”

However, in fact, the Defendant paid only KRW 4 million out of KRW 40 million as a down payment, but did not prepare for KRW 30 million, and the F could not receive a fee for consulting from F because it could not be able to attract funds. Since there was no particular property, there was no intention or ability to pay the fee even if he borrowed money from the victim.

Nevertheless, the Defendant, as such, was delivered KRW 10 million to the injured party by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Account transfer details, account transfer details, and real estate lease agreement;

1. Application of Acts and subordinate statutes to a criminal investigation report (No. 16 of the evidence list), investigation report (Submission of a statement of transaction by suspect account);

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Even if it is sufficiently recognized that the defendant had no intent or ability to repay through the account details, lease agreement, F representative G statement, etc. of the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, the defendant is denied, the defendant has the power to be subject to criminal punishment for the same crime, and the damage has not been repaid up until now, considering the sentencing conditions in the trial of this case, it does not seem that the amount of fine prescribed in the summary order is excessive even if considering the sentencing conditions in the trial of this case.

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