logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 정읍지원 2017.11.28 2017고단272
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

around July 2015, the Defendant was aware of the daily work at the victim B and the human resources public corporation office.

1. Around August 20, 2015, the Defendant acquired the borrowed money by fraud to the victim at the house of the above victim in the Dong-gu Gwangju-gu, Gwangju-gu, stating that “The victim will use 2 million won as a loan and make a full payment at the end of the month.”

However, the defendant did not have the intent and ability to pay the damages even if he borrowed the money from the injured party at the time.

Nevertheless, the Defendant received KRW 200,000 from the injured party at the seat, from April 20, 2016, a total of KRW 2,90,000,000 from the time to April 20, 2016, as shown in the list of crimes.

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

2. On December 18, 2015, the criminal defendant acquired mobile phone charges by fraud, stating that “The above victim would pay monthly user fees by opening the cell phone machine in the name of the victim” at the place indicated in paragraph 1 of the same Article.

However, the Defendant, as a person of bad credit standing at the time, uses a mobile phone opened in the name of the victim.

And there was no intention or ability to pay the mobile phone fee.

Nevertheless, the Defendant received a hand phone call from the victim who was affiliated with the Defendant, and used by the Defendant, but did not pay KRW 226,840 from January 15, 2016 to June 23, 2016, and did not pay the aforementioned mobile phone fare of KRW 226,840, and did so, the Defendant acquired economic benefits equivalent to the same amount and had the victim bear obligations equivalent to the same amount.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A detailed statement of deposit transactions;

1. Application of Acts and subordinate statutes to the specifications of Handphones;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (a comprehensive determination of fines);

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

arrow