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(영문) 청주지방법원 2015.11.06 2013고단1224
사기
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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Not only did the Defendant did not have certain income but also did not have any intent or ability to repay money to financial institutions (including KRW 100,000,000,000,000,000,000 from March 2012) since the liabilities to financial institutions (including KRW 100,000,000,000,000,000) exceeded KRW 150,000.

Nevertheless, on March 2, 2012, the Defendant sent a phone to the victim B, and borrowed KRW 5 million to the effect that “if the Defendant was placed in the passbook, it would be designated to enter the passbook, and the bank would have paid KRW 5 million to the bank.” On or after 10 days or 15 days, the Defendant received KRW 5 million from the victim as the agricultural bank account (C) in the name of the Defendant on the same day.

Around March 9, 2012, the Defendant continued to make a phone call to the victim and made a false statement to the effect that “A person shall pay the victim money more than ten (10) days if he/she loans the money to him/her, and he/she shall pay the money at that time,” and the victim shall be paid KRW 3 million in the name of the same day borrowed from the victim on the same day, and on March 12, 2012, he/she shall make a false statement to the victim that “A person shall pay the money, if he/she is required to pay the money, and he/she shall pay the money more than ten (100,000 won if he/she lends it to the victim with an additional amount of KRW 6 million,00,000,000 from the victim on the same day as the loan from the said agricultural bank account, respectively.

Accordingly, the defendant was given a total of KRW 14 million by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. An investigation report (Analysis of details of use of bankbooks for suspects);

1. Application of Acts and subordinate statutes to a loan certificate, Internet banking transaction protocol, and a certificate of deposit and withdrawal transactions;

1. Article 347 (1) of the Criminal Act by universal title with respect to the relevant criminal facts;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. The defendant's reasons for sentencing are the same criminal records.

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