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(영문) 서울중앙지방법원 2020.10.22 2020고단1631
사기
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A defendant shall be punished by imprisonment for six months.

An application for remedy by an applicant for remedy shall be dismissed.

Reasons

Punishment of the crime

Around April 9, 2018, the Defendant concluded that “D” restaurant located in Gangnam-gu Seoul Metropolitan Government C would have the victim B pay back 3 months after adding 5% interest per month if he/she lends money to the victim B because he/she has reported profits by investing in virtual currency.”

However, in fact, the Defendant did not make profits by investing in virtual currency and did not repay the amount of 17 million won out of the absence of certain income or assets, and even if borrowed money from the victim, it did not have to be used for the repayment of existing debts, living expenses, etc., so there was no intention or ability to repay the borrowed money to the victim.

The Defendant received from the victim the sum total of KRW 17.2 million, i.e., KRW 10 million, KRW 3, KRW 100,000, KRW 42,000, KRW 17.2 million.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. A complaint;

1. Cash storage certificates, photographs of checks, and photographs of text messages;

1. Issuance of cashier's checks:

1. Response of F Co., Ltd.;

1. Details of transactions, gold and check information, withdrawal money cards, check information confirmations, and details of financial transactions;

1. Application of Acts and subordinate statutes to investigation reports (Listening to A phone statement of a suspect), investigation reports (verification of details on the use of a check of a suspect), investigation reports (Submission of detailed statement of transactions of a suspect, and hearing of telephone statements);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The crime of this case on the grounds of sentencing of Articles 32(1)1 and 26(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings to Dismiss Application for Compensation (Dismissal of Application for Compensation as it is not legitimate after the closing of argument) is deemed to have taken the victim by deceiving the victim and deceiving the victim of KRW 17.2 million, and the liability for the crime is not easy in light of the amount of damage, etc.

The Defendant shall reimburse the Defendant after committing the instant crime.

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