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Reasons
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(영문) 대구지방법원 안동지원 2012.12.13 2012고정279
사기
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Defendant shall be punished by a fine of four million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On February 22, 2010, the Defendant made a false statement stating that “The Defendant shall repay the victim B with a loan of KRW 10 million up to May 21, 2010, and may pay a large amount of profits if he/she supplies to the construction work of building Pyeongtaek-gun Military Base, which is generated from the construction work of building the building site for Ansan-si Distribution Facilities, from June 1, 2010 to May 31, 2013, the Defendant would pay a KRW 36 million each month from June 1, 2010 to May 31, 2013.”

However, in fact, there was no certain income or property at the time, and there was no obligation equivalent to 2 billion won, as well as the above soil supply business was not clear, so even if the money was borrowed from the victim, there was no intention or ability to repay the money.

As such, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim as the borrowed money, namely, from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A complaint, a letter of undertaking, or a certificate of borrowing;

1. Application of Acts and subordinate statutes to investigation reports (a statement of transactions and issuance of checks);

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is deemed to have led to a confession of a crime and reflect any mistake. However, even though a considerable period has elapsed since the crime of this case, the damage recovery has not yet been made up until now, and the amount of fine under the summary order is appropriate in light of the fact that the victim did not reach an agreement, the degree of the amount of fraud, the circumstances leading

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