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(영문) 청주지방법원 영동지원 2015.04.16 2014고정64
사기
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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

The defendant is a person who has worked together with the victim E in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

On November 2013, the Defendant made a false statement to the effect that “The Defendant would purchase the site if he/she made an investment of approximately KRW 10 million in 80,000,000,000, in order to purchase the site for electric source house adjacent to the G cafeteria, after F elementary school in C, and then want to sell the site again to return KRW 20,000,000 to KRW 30,000,000.”

However, in fact, the defendant only intended to receive the above money from the victim and used it for personal purposes. The defendant purchased the above site with the above money and did not have the intention or ability to return the money to the victim again.

The Defendant stated 10 million won in the facts charged by the Defendant as the Defendant’s wife in the name of the same day of investment from the victim, but this is a clerical error, and thus, it is corrected as above.

H was remitted to the national bank account in the name of the national bank.

Accordingly, the Defendant was given property by deceiving the victim as above.

Summary of Evidence

1. Partial statement of the defendant;

1. The recording of statements by witnesses E in the second protocol of trial;

1. E statement statement of the police interrogation protocol of the accused (second time)

1. Each police statement made to E and I;

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

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the claim is that the Defendant received KRW 10 million from the victim under the pretext of investment in the site for the entire house (hereinafter “instant land”) recorded in the facts constituting the crime, but there is no fact that the Defendant said KRW 10 million to be used to purchase the instant land.

The Defendant resells the instant land.

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