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Reasons
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(영문) 인천지방법원 2019.01.24 2018고단3907
사기
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On July 7, 2017, the Defendant made a false statement to the victim D, stating, “I will pay 10 million won after the lapse of the funds to obtain a manufacturing factory of the power distribution team”.

However, even if the Defendant borrowed KRW 10 million from the victim, it was thought that it will be used for an individual purpose, and there was no idea to obtain a factory or use it as funds related thereto. The Defendant was registered as a default of obligation due to delinquency in the mobile phone charges and card value, and even though there was a claim equivalent to KRW 9 million at the time and a claim for the refund of the deposit for lease of the said C Office, but it was impossible to recover within one month, as agreed by the victim, there was no intention or ability to repay the borrowed money within one month.

Nevertheless, the Defendant, by deceiving the victim as above, received the remittance of KRW 10 million from the victim on the same day.

2. On July 30, 2017, the Defendant stated that “The Defendant may promptly repay KRW 1,50,000 to the victim who requested the repayment of the obligation” to the effect that “The Defendant may lend the amount of KRW 1,50,000 to the victim who requested the repayment of the obligation.”

However, as seen above, the defendant did not have the ability to repay the above even if he borrowed money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, obtained 1.5 million won in cash from the victim on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding D (including attached documents);

1. Application of Acts and subordinate statutes to the complaint (including attached documents);

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment: Fines of not less than 50,000 won but not more than 15 million won;

2. Determination of sentence has been chosen.

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