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(영문) 인천지방법원 2020.06.12 2019고정2599
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On October 23, 2018, the Defendant made a false statement to the effect that “I would return to the Republic of Korea on October 28, 2018, 700,000 won including interest KRW 770,00,000,000,000,000,000,000,000,000 won, which is in the Republic of Korea from the Republic of Korea to the victim B, with a smartphone flux.”

However, in fact, the Defendant received money from the victim and intended to use it for living expenses or gambling in a foreign country, and the Defendant did not have any fixed income, and even if he borrowed money from the victim, he did not have any intention or ability to repay it in a timely manner because the Defendant had not borrowed money from the victim with any content similar to others.

As above, the Defendant, by deceiving the victim as above, received KRW 80,000 from the victim to the Kao Bank Account (C) in the name of the Defendant on the same day, and received a total of KRW 2,300,000 from five times, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. The police statement concerning B;

1. A complaint;

1. Investigation reports (the investigation reports concerning the suspect's debts in the Incheon Western Police Station 2018-15752 case) and the application of Acts and subordinate statutes to report the results of investigation;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for criminal facts;

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

1. The sentencing period under Article 334(1) of the Criminal Procedure Act has many records of having been punished for the same kind of crime against the defendant for the reason of sentencing under Article 334(1) of the Provisional Payment Order, taking full account of the following circumstances, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances that have not been agreed with or obtained from the victim until now, and all the sentencing conditions

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