logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.10.13 2017고정2266
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

[criminal record] On November 10, 2016, the Defendant filed an appeal against four months of imprisonment for fraud with prison labor at the Incheon District Court. However, on January 26, 2017, the said judgment became final and conclusive by waiver of the appeal. On July 27, 2017, the Incheon District Court rendered an appeal against ten months of imprisonment with prison labor for fraud. However, on August 18, 2017, the appeal was withdrawn and the said judgment became final and conclusive.

[Criminal facts]

1. On October 23, 2016, the Defendant posted a false statement to the effect that “The Defendant will send a siren to the victim B (20 years old) who reported and contacted the statement to the effect that “The Defendant will send money to the victim B (20 years old) who sent money.”

However, since the defendant did not have the above siren, he did not have any intention or ability to sell it to the victim.

The Defendant, as such, by deceiving the victim, was transferred to the National Bank Account (Account Number: C) in the name of the Defendant’s bank account (Account Number) managed by the Defendant on October 23, 2016, under the name of the Defendant’s sales proceeds of the said siren around October 23, 2016.

2. On November 2, 2016, the Defendant made a false statement to the effect that “The Defendant would lend money to the said victim for the sale of sirens. The Defendant would immediately pay monthly wage to the said victim.”

However, the Defendant intended to borrow money from the injured party under the pretext of selling sirens as above and to use it for living expenses. Since the Defendant could not receive monthly pay from the injured party at the time, there was no intention or ability to repay such money even if he borrowed money from the injured party.

As such, the Defendant, by deceiving the victim and deceiving the victim, acquired 650,000 won in total from the victim on November 3, 2016, 250,000 won around November 5, 2016, and 40,000 won in total from November 7, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. The police in relation to B.

arrow