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(영문) 청주지방법원 2013.07.25 2013고정193
사기
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Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

"2013, 193"

1. On July 1, 2006, the Defendant stated that “A victim E is bound by the assault case, and the cost of attorney appointment and case handling is required, and even if he/she borrowed money, he/she will make payment without mold even if he/she sold the vehicle of the male-child district.”

However, there was no intention or ability to repay the debt such as the prepaid deposit at the time, and even if there was no particular revenue or property to borrow money from the victim, there was no intention or ability to do so.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 28.8 million from the victim as the borrowed money, and acquired it by fraud.

"2013 Highly 199"

2. In the absence of any particular property or income, the Defendant had no intention or ability to repay the amount with a large amount of advance payment and bonds, etc., even if she borrowed money from others.

Nevertheless, the Defendant:

A. On June 12, 2008, the Seoul Gangnam-gu Seoul 201 Victim G, stating that “A victim would have paid 10 million won if he/she borrowed 10 million won or more as he/she has paid her interest within a week since he/she had paid her money,” and that he/she received 6 million won from the victim’s account from the victim on July 12, 2008 to the Defendant’s account, and acquired it by fraud;

B. On July 26, 2008, at the same location as the above paragraph (a), deceiving the victim under the same name and method, thereby deceiving 1.2 million won.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. A protocol of examination of part of the defendant by prosecution;

1. A protocol of partial police interrogation of the accused;

1. The part concerning H's statement among the interrogation protocol of the defendant by the prosecution against the defendant

1. Each police statement of E and G;

1. Application of the Acts and subordinate statutes on the storage certificate of cash and the details of deposit and withdrawal transactions;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (Selection of Fine).

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