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(영문) 서울동부지방법원 2013.06.28 2013고정1243
사기
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The sentence against the accused shall be determined by a fine of KRW 3,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On August 2009, the Defendant made a false statement to the effect that “If the Defendant borrowed KRW 10 million to pay the card value to the victim, the Defendant would pay the victim interest on two copies per month, and pay the interest within one year.”

However, in fact, the Defendant had no property and had a debt equivalent to KRW 20 million while working for a day without any fixed income, and had no ability or intent to repay, even if the Defendant borrowed money to another person under the circumstances where the credit card company received a cash service and was under a “defluence”.

As such, the Defendant, by deceiving the victim, was given KRW 10 million in cash from the victim who was in his seat.

2. Around January 13, 2010, the Defendant made a false statement to the victim D, stating that “The Defendant would pay a total of KRW 1.5 million, including KRW 1 million, which was borrowed from the victim before June 13, 2010, to the victim D, with a credit rating of KRW 5 million being repaid.”

However, in fact, the Defendant had no property and had a debt equivalent to KRW 20 million while working for a day without any fixed income, and had no ability or intent to repay, even if the Defendant borrowed money to another person under the circumstances where the credit card company received a cash service and was under a “defluence”.

As such, the Defendant, by deceiving the victim, was given KRW 5 million in cash from the victim, who was in his seat.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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. Although the sentencing ground of Article 334(1) of the Criminal Procedure Act does not reach an agreement with the victim, the period exceeds one year after borrowing money from the victim.

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