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(영문) 창원지방법원 2018.11.07 2018고단1808
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[criminal Records] The judgment of the Changwon District Court rendered on November 29, 2017: Imprisonment with prison labor for six months/ suspended execution for a period of two years: The judgment was finalized on January 27, 2018 / [criminal facts] The defendant's workplace office located in the defendant's office located in Seongbuk-gu building C in Changwon-gu, Changwon-gu, Changwon-si around June 10:30, 2017; "13 million won is lent to the victim D with interest; and the principal will be returned to the victim at any time.

“The Defendant did not have any special property, but at the time, was liable to pay approximately KRW 50,00,000,000 to the Defendant, and did not have any particular profit during the claim for reimbursement of the business related to Bitcoin. At the time of the victim’s wishes, there was no intention or ability to pay the principal even if the Defendant borrowed money from the injured party.

As such, the Defendant, by deceiving the victim, received KRW 13 million from the damaged party to the E Bank Account (F) designated by the Defendant, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Sentencing sentencing under Article 334 of the Criminal Procedure Act of the Provisional Payment Order: The punishment of a fine of 5 million won for a fine of 6 months: The amount obtained by defraudation, accumulated criminal records of the same kind, etc.: Confession, criminal records of concurrent crimes by the latter part of Article 37 of the Criminal Act, non-taxation of the victim after prosecution, etc.;

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