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(영문) 의정부지방법원 2014.01.23 2013고정2725
사기
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Criminal facts

Defendant,

1. Around 15:00 on March 16, 2012, the fact at the Dobcheon-si, Dobcheon-gu, Dobcheon-dong branch did not have the intent or ability to repay the loan even if she borrowed money from the victim B. However, the victim makes a false statement to the effect that “If she borrowed five million won as she is required to pay 5 million won with the agreed money in the police station, she shall use it as the friendly agreement amount with her parents if she borrowed five million won with the agreed money in the police station, she shall return the money from her students on the following day, and shall receive five million won from the victim who believed to be true, and shall defraud it by fraud.

2. On the same day, the victim made a telephone call to the victim 20:00 on the same day, stating that “If the victim lends 1.5 million won additional 1.5 million won as he/she borrowed 1.5 million won as he/she borrowed 1.5 million won as he/she borrowed 1.5 million won, he/she shall be paid 1 million won as he/she borrowed 1.5 million won as she borrowed she borrowed she from the victim’s account on March 17, 2012, 200 won, including 200,000 won as D’s account, and 3 million won as E’s account, he/she shall borrow she did not repay her total 6.5 million won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and F;

1. Statement by the police about E (second time);

1. Investigation reports (verification of the opening of accounts), investigation reports (verification of the details of changes against the other party suspect G) and investigation reports ( telephone conversations of a witness G);

1. Termination of a periodical deposit, written confirmation of details of savings transactions, and application of the statutes of each list of details of ordinary deposits transactions;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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