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(영문) 청주지방법원 2015.04.17 2014고단245
사기
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Defendant shall be punished by a fine of KRW 11 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In fact, the Defendant did not have a plan to build a commercial building in the vicinity of the Dobong-gu Seoul Metropolitan Government Office in 2007, and there was no intention or ability to receive new construction works, and even if it borrowed money from others due to the lack of specific income, there was no intention or ability to make a full payment.

Nevertheless, on July 23, 2007, the Defendant made a false statement to the victim D, stating that “The Defendant will newly build a commercial building in the vicinity of the 2-dong office, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul, to order the owner to execute construction work. The Defendant shall have the director of the iron shop and the Sejong Vice-General who live in this place. It would have repaid in one month. It would have to lend KRW 15 million to another.”

On October 16, 2007, the Defendant received KRW 14.9 million from the victim as the borrowed money.

Around October 26, 2007, the Defendant continued to make a false statement to the victim D, “The Defendant shall pay the design cost of the Seo-dong Commercial Building to the victim D, i.e., Seo-dong, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu.”

On October 27, 2007, the Defendant received KRW 10 million from the victim as the borrowed money from around October 27, 2007.

The defendant deceivings the victim D, thereby deceiving 24.9 million won in total.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of statutes to a written confirmation of details of transactions, a certificate of borrowing, a detailed statement of transactions, and each electronic financial transfer;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for criminal facts;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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

1. The Defendant committed a crime during the period of identical repeated crime, but confession and reflects this part of the crime.

In the process of investigation, a person has been living for a considerable period of time.

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