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(영문) 부산지방법원 서부지원 2018.11.30 2018고정777
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. Around October 9, 2016, the victim B: (a) made a false statement to the effect that “the mother is required to discharge his/her mother; and (b) he/she is able to complete payment with a loan of one million won; and (c) he/she received one million won from the victim’s bank account in the name of the Defendant.”

The fact was that the said money was planned to be used for the Defendant’s personal living expenses, etc., the mother was not in need of discharge, and there was no intention or ability to pay the said money normally even if the said money was borrowed in a state where it was not paid normally.

The Defendant, including this, was issued KRW 1,50,000,000 by deceiving the victim on two occasions, such as the one copy of the attached Table 1.

2. Around December 15, 2016, the injured party D was provided KRW 300,000 from the injured party D with a false statement to the effect that “the mother would lend KRW 300,000,000,000,000,000 to the injured party D, as her mother would need hospital expenses.”

In fact, the mother was planned to use the said money for the Defendant’s living expenses, not for hospital expenses, and there was no intention or ability to pay the said money because the said money was in a situation where there was no particular property and no benefit is paid normally.

The Defendant, including this, was issued KRW 50,000,000 by deceiving the victim over 11 times, such as attached Table 2.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made with respect to B or D;

1. A statement of withdrawal, deposit receipt, each content certificate, a statement of entry into and departure from a national bank under the name of the suspect, and an inquiry letter on personal credit information of the suspect;

1. Application of Acts and subordinate statutes to a criminal investigation report (applicable to a suspect A’s period of service, a detailed statement of receipt of salary), a written confirmation of employment (career), a detailed statement of salary (from July 2016 to May 2017), a criminal investigation report (verification of the details of deposits received by a person under investigation from mass traffic in the stock company), and a criminal investigation report (verification of whether a suspect is arrested or discharged);

1. Relevant Articles of the Act concerning the facts constituting the crime;

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