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Reasons
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(영문) 전주지방법원 2020.01.30 2019고정192
사기
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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 July 2017, the Defendant stated that “Around the Jeonju-si, the Defendant would give the Victim B a long-term siren of KRW 2.4 million a deposit for the vehicle of KRW 2.4 million in the mileage 2-30,000,000,000,000,000,000,000 won for the contract amount of KRW 1,000,000,000,000,000 won.”

However, in fact, the Defendant did not notify Crenk of the vehicle and did not possess the said vehicle at the time, did not endeavor to repair the said vehicle, and even if the Defendant received the said down payment and deposit from the victim, such as receiving the said money from the victim and taking advantage of the expenses for leasing another person’s vehicle, there was no intention or ability to repair the vehicle.

Nevertheless, around August 14, 2017, the Defendant: (a) KRW 100,00 by the passbook in the name of the Defendant; (b) KRW 900,000 in cash in front of the D Association located in Yeongsan-gu, Seoul Special Metropolitan City around 20:00 on the same day; (c) KRW 300,000 by the passbook in the name of the Defendant on the 30th day of the same month; and (d) KRW 700,000 in cash in front of the D Association located in Jeonsan-gu, Seoul Special Metropolitan City on the 31st

9. 18. The Defendant received total sum of KRW 2.4 million as down payment and deposit money of the said vehicle five times in total, such as receiving KRW 400,000 from a G bank passbook in the name of the Defendant’s request.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the accused as to B and H among the interrogation protocol of the second prosecution against the accused;

1. The police statement of H;

1. Investigation report (to attach details, etc. of bankbooks);

1. Investigation report (attached to details of transactions of deposits and bankbooks in suspect's name);

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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