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Reasons
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(영문) 서울중앙지방법원 2016.10.25 2016고정2136
사기
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Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. At around 11:00 on December 26, 2008, the Defendant falsely stated that “A victim C is a university student who is his/her father and is in the position to be expelled from his/her school because he/she failed to pay his/her tuition fees.” The Defendant borrowed KRW 12 million to pay his/her tuition fees. Since there is money to be paid in China, it would be repaid without being paid within six months.”

However, the defendant did not have any property at the time, and even if he borrowed money from the victim due to the bad credit standing, he did not have any intention or ability to pay the money.

Ultimately, on December 26, 2008, the Defendant, by deceiving the victim as above, received the total amount of KRW 4 million from the victim to one bank account (E) in the name of one parent D on December 26, 2008, KRW 3 million to the same account on February 2, 2009, and KRW 5 million to the same account on March 10, 2009, respectively, and received KRW 12 million over three times in total.

2. At around 10:00 on February 16, 2009, the Defendant made a false statement to the above victim by telephone, stating that “I will pay back to the above victim when I have borrowed the registration fee if I have come to use the money so far as I would have come to use the money in Busan and have borrowed 3 million won.”

However, the defendant did not have any property at the time, and even if he borrowed money from the victim due to the bad credit standing, he did not have any intention or ability to pay the money.

Ultimately, the Defendant, as seen above, was urged by the victim, and received cash KRW 3 million from the Busan Dong-gu B office on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on details of financial transactions;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 (1) of the Selection of Penalty)

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

1. The Criminal Procedure Act;

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