(영문) 청주지방법원 2015.10.30 2015고정374

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(영문) 청주지방법원 2015.10.30 2015고정374

사기

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Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

1. On February 10, 2013, the Defendant accessed the victim B before the Seoul Cheongyang Station to guide the victim B on the road in front of the Seoul Cheongyang Station, and intended to acquire money from the victim and moved money to the original city with the victim.

The Defendant made a false statement to the victim on the road near the Sang-si University located in the above-mentioned Si of the Seoul Special Self-Governing Province, stating that “I will lend money to the victim immediately and immediately complete payment.”

However, in fact, the defendant did not have any particular income and did not have any intent or ability to repay the money even if he borrowed money from the victim.

The Defendant received KRW 1 million from the victim on February 11, 2013 as the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

2. Around February 20, 2013, the Defendant made a false statement to the victim B by phoneing to the victim B, stating that “A loan of KRW 3,50,000,000 is borrowed prior to the receipt of money, and a loan of KRW 3,50,000,000 is added to interest and shall be repaid immediately.”

However, in fact, the defendant did not have any particular income and there is no money being received, and even if he borrowed money from the victim, he did not have any intention or ability to repay the money because he thought that he will use it individually, such as living expenses.

The Defendant received 350,000 won from the victim on February 21, 2013 as the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

Facts No. 1

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. The second fact in a written confirmation of details of the transactions of entering and withdrawing money;

1. Defendant's legal statement;

1. Legal statement of the witness B;

1. Application of Acts and subordinate statutes confirming the details of deposit and withdrawal transactions;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of each alternative fine for punishment;