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(영문) 서울동부지방법원 2016.01.20 2015고정1939
사기
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Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Part of the facts charged shall be revised and supplemented without going through amendments to indictment to the extent that it seems that there is no concern about substantial disadvantage to the defendant's defense right.

The Defendant is a successful bidder organized by the victim B on May 15, 2013, and paid the time limit money from May 15, 2013 to December 16, 2013. The fact is although the Defendant did not have the intent or ability to pay the remaining time limit money even if he/she received the time limit money from the person who suffered the injury.

1. On June 17, 2013, the victim will be given an advance notice of the time limit of KRW 10 million to the victim.

Along with the false statement that the remaining subscription amount will continue to be paid, a delivery of KRW 10 million to the account in the name of the defendant on the same day;

2. On August 16, 2013, the victim received KRW 900,000,000 from the Defendant’s National Bank C on the same day as the Defendant’s national bank C above on the same day, stating that the victim would continue to pay the remainder of the time limit of KRW 10,000 by providing the time limit of KRW 10,00 in advance.

3. On December 15, 2013, the victim made a false statement that “the victim would provide the victim with an advance cost of KRW 10 million,00,000,000,000 to the Defendant’s creditor” and caused the victim to pay KRW 10,000 to D (the victim’s creditor) instead of the Defendant’s creditor, thereby defrauding the victim totaling KRW 29,00,00 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Details of passbook transactions;

1. Investigative reports (returns to financial transaction information in a national bank);

1. Reporting of investigation results;

1. Application of Acts and subordinate statutes on trading;

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

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

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

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