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Reasons
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(영문) 수원지방법원 성남지원 2014.08.14 2014고정1030
사기
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Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Criminal facts

The Defendant, even though he did not have the intent or ability to pay money even if he borrowed money from the Victim B, is under circumstances due to the shortage of living expenses due to house and loan obligations, etc.;

1. On or around December 22, 2011, the victim’s residence in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seoul Special Metropolitan City, “I will pay 4750,000 won by telephone, after deducting 50,000 won from 5,000 won advance interest and 4,750,000 won.” The victim received 4,750,000 won from the victim to the agricultural bank account in the Defendant’s name of his wife;

2. On January 31, 2012, the victim made a false statement that the victim would pay 4.75 million won after deducting 5 million won from pre-paid interest and 50,000 won by telephone, and then by borrowing 4.75 million won to the Nonghyup account in the name of D, the victim received 4.75 million won from the victim to the Agricultural Cooperative account in the name of D, and acquired 9.5 million won in total.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes on details of passbook transactions;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order are as follows: (a) the victim and the victim have reached an agreement smoothly; (b) the defendant’s favorable circumstances, such as the recognition of errors and reflects, and other favorable circumstances, such as the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc.; and (c) the amount of fine prescribed in the summary order shall be reduced partly by taking into account the various circumstances, such as

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