(영문) 대전지방법원홍성지원 2020.11.03 2020고정79

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(영문) 대전지방법원홍성지원 2020.11.03 2020고정79

사기

Text

Punishment on the accused shall be determined as a fine of 700,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Around January 15, 2015, the Defendant made a false statement to the victim D that “one million won shall be repaid within one month, if he/she lends it to the victim D.”

However, the defendant did not have the intention or ability to pay the money even if he borrowed the money from the victim because he did not bear the debt from the lending company and the person without any special occupation.

The Defendant deceptioned the victim and received a total of two million won in cash from the victim around that time.

Summary of Evidence

1. In full view of various circumstances, including the fact that the defendant was unable to repay the money to the present time, the investigation report (the confirmation of the criminal record of the same kind of punishment) of the police statement, the execution clause [it is reasonable to deem that the defendant was aware of the fact that he was unable to repay the money to the present time, the defendant was punished as a crime of fraud because he was unable to repay the money from 2014 to 2015, and there was no other assertion or evidence to acknowledge that there was a property, ability, plan, etc. of the money, it is reasonable to deem that the defendant was aware at least of the fact that he was unable to repay the money at the time

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

1. Comprehensively taking into account the following circumstances: (a) the reason for sentencing under Article 334(1) of the Criminal Procedure Act; (b) details and developments leading up to the crime; (c) the amount of money borrowed and not repaid; and (d) equity in dealing with other cases, etc., the amount of fine under the summary order cannot be deemed to have been excessive to the Defendant.

참조조문

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