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(영문) 서울서부지방법원 2014.01.21 2013고단1861
사기
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Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On January 21, 2013, the Defendant called, “In order for children in Yongsan-gu to enter law school, to enter the law school, 4.1 million won is required, and 20,000 won is 1,00 won. There is a fake bond fund of KRW 500 million, which shall be considered as damages of KRW 41,60,000,000,000. The Defendant borrowed KRW 20,000,000,000,000 to KRW 20,000,000,000,000,000 won.” The Defendant called, “The principal shall be repaid until March 20, 2013, and the interest shall be paid KRW 30,000.”

However, in fact, the Defendant did not hold a fund equivalent to KRW 50 million, and did not own any property, and rather, did not have any intent or ability to pay the principal, even if the Defendant borrowed money from the victim to pay the other debt amounting to KRW 26 million.

As such, the Defendant, as well as the Defendant’s receipt of remittance of KRW 14.4 million to the Defendant’s account under C’s name immediately, and, as indicated in the crime sight table, got a total of 1,8610,000 won by deceiving the victim four times in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A copy of a loan certificate, a detailed statement of transactions, a certificate of confirmation on payments requested, and a detailed statement of accounts;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The reasons for sentencing under Articles 70 and 69(2) of the Criminal Act for the detention in the workhouse [the decision of types] fraud, below KRW 100 million [the scope of recommending punishment] six months to one year and six months (the basic area] [the decision of sentencing] sentencing guidelines for the defendant's crime are as above.

Furthermore, considering the fact that damage has not been recovered, the fact that the defendant is the primary offender, and all other circumstances such as the defendant's age, character and conduct, environment, and circumstances after the crime, the punishment as ordered shall be determined.

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