(영문) 춘천지방법원 속초지원 2019.08.21 2018고정45

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 춘천지방법원 속초지원 2019.08.21 2018고정45

사기

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

In B, the Defendant had tried to obtain money by icely selling the bags.

On April 25, 2017, the Defendant written a letter to the effect that “the sales of a powder brubing bags” is located on the B bulletin board, and the Defendant reported and contacted the above letter to the victim C that “the sales of a powder brubing bank at KRW 10.80,000.”

However, the defendant did not have the intention or ability to sell the fruit bank to the victim.

Nevertheless, around April 25, 2017, the Defendant, by deceiving the victim, received KRW 10,80,000 from the account of community credit cooperatives (D) under the name of the Defendant on April 25, 2017.

Accordingly, the defendant acquired the victim's property by fraud.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. The defendant's defense counsel asserts to the effect that he did not have the intention to defraud the defendant. However, in light of the following circumstances acknowledged by the evidence mentioned above, the defendant did not send a bank for a considerable period of time even after he received a bank payment from the victim, and the defendant stated at the police that "the defendant was not immediately sent a bank to E," the above E states that "the defendant did not have a bank borrowed from the defendant, and the defendant did not have a bank," but the above E states that he did not have a bank borrowed from the victim, and that there was an intention to defraud the defendant even if he received a request for refund from the victim, it is recognized that there was no intention to obtain a bank."

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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;

1. It is so decided as per Disposition on the grounds of the main sentence of Article 186(1) of the Criminal Procedure Act or above.

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