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Reasons
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(영문) 서울남부지방법원 2014.09.03 2014고단2036
사기
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Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On February 2010, the Defendant concluded that, within a car opened in Guro-gu Seoul Metropolitan Government, the Defendant would faithfully pay the fraternity to the victim C by purchasing the fraternity at the front number of the No. 10 million won operated by N.D. (21, 21, 500,000 won per month, and 21 months per month).

However, the defendant did not have the intention or ability to pay the fraternity money properly after receiving the fraternity money.

On February 25, 2010, the Defendant: (a) by deceiving the victim; (b) joined the above number system No. 5; and (c) on June 25, 2010, the Defendant received KRW 10,400,000,000 in total from June 25, 2010 and KRW 7.4 million on June 26, 2010; (c) however, the Defendant did not pay KRW 3.2 million in total from February 25, 2010 to August 26, 2010 ( principal KRW 3.2 million, interest KRW 2 million); and (d) did not pay the remainder 14,00,000 won in total ( principal KRW 7 million, interest KRW 1.4 million), thereby making profits in property.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of Acts and subordinate statutes on application for payment order, a written complaint, reference documents, and details of passbook transactions;

1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's assertion on the claim of the defendant under Article 334 (1) of the Criminal Procedure Act of the provisional payment order argues that the defendant was a member of the fraternity by suggesting that the victim would pay the amount of money of the D to the defendant, and that the defendant did not have an intention to defraud him from the beginning because he was finally aware of the fact that D was not a member of the fraternity and did not pay the amount of money of the D.

However, even if the defendant's assertion on the relationship with the defendant and the motive for joining the fraternity is true, it cannot be a justifiable reason to refuse to pay the fraternity, and the defendant has suspended to pay the fraternity more than twice after receiving the fraternity, and the defendant has suspended to pay the fraternity more than six times.

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