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(영문) 수원지방법원 안산지원 2017.07.20 2017고정698

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

If the defendant does not pay the above fine, he shall be 100.


Punishment of the crime

On January 2, 2017, the Defendant was sentenced to eight months of imprisonment due to fraud, etc. and the judgment became final and conclusive on June 16, 2017.

On June 2016, the Defendant stated that “I will use this mold if I lend money to the victim B due to a marriage ceremony, etc. at home,” the Defendant provided that “I will use this mold.”

However, even if the defendant borrowed the above money, he did not have the intent or ability to repay it.

Nevertheless, on June 8, 2016, the victim believed the victim's speech to be true, transferred KRW 1280,000 to the national bank account (C) in the name of the defendant at the time of cash payment near the Hanyang-dong University located in Ansan-gu, Jungdong-gu, Jungyang-gu, Seoul.

Accordingly, the defendant, by deceiving the victim, acquired the same amount of property benefits.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Copy, etc. of details of transactions;

1. Previous convictions: Inquiry of summary information of cases and application of the text of the judgment;

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the option of punishment (the crime of this case is against his own mistake, and the crime of this case is subject to a fine in consideration of the fact that the equality between the case where the judgment was rendered simultaneously with the case where the crime of this case is concurrent crimes after the judgment was rendered)

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.