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(영문) 서울동부지방법원 2019.03.13 2018고단3368
사기
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A defendant shall be punished by a fine of five million won.

When the accused does not pay a fine, 100,000 won shall be converted into one day.

Reasons

Criminal facts

From August 30, 201 to December 25, 2011, the Defendant borrowed a sum of KRW 45 million from the victim B from around August 30, 201 to December 25, 201, and repaid the sum of KRW 45 million to KRW 45 million.

On December 28, 2015, the victim filed a complaint with the defendant for a loan fraud while telephone conversations with the defendant.

Accordingly, the Defendant obtained consent to pay in kind to the victim with the external vehicles of 100 million won at a premium of 60 million won.

Although the defendant asked the victim to pay down payment, intermediate payment, etc. for the fraud, the defendant sent money to the victim due to the defect that the victim did not have money.

Accordingly, the Defendant remitted money to the victim as follows, and received money from the victim.

On December 28, 2015, KRW 3 million on May 1, 2016, May 13, 2016, 2016, KRW 5 million on May 13, 2016, KRW 2500,000,000 on May 27, 2016, May 28, 2016, KRW 18,000,000 on May 18, 2016, KRW 2 million on June 7, 2016; KRW 5 million on June 17, 2016; KRW 46 million on August 26, 2016; however, the Defendant merely purchased money from the victim to use for his/her personal business and did not have an intent or ability to repay the loan to the victim.

The Defendant acquired 56 million won by transfer from the victim as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to B testimony;

1. Penalty provisions: Article 347 (1) of the Criminal Act and selection of fines;

1. In the case of detention in a workhouse: The method of deception in the charge of the crime of Articles 70(1) and 69(2) of the Criminal Act, which was written without any changes in the indictment, was agreed to receive 10 million won in lieu of the payment of the debt of KRW 45 million in lieu of the payment in order to repay the debt of KRW 45 million, and the person actually received 56 million in exchange for the payment in lieu of such a loan without any intention or ability to seek the difference.

The victim makes the above statements in the prosecutor's statement.

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