beta
(영문) 창원지방법원 통영지원 2014.11.26 2014고단444

사기

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

"2014 Highest 444"

1. On August 20, 2007, the Defendant committed the crime against the victim C at the Daegu-si (State) Transportation Office (“Around August 2007, the Defendant made a false statement to the victim C that “if a person inside Korea lends KRW 50 million to China, he/she would pay interest of KRW 2.5% per month.”

However, the Defendant received money from the victim and planned to use money for personal purposes, such as living expenses, card payments, and repayment of debts, and the Defendant was at the time to invest in illegal businesses that produce and sell reproductions such as wells, and thus, it is difficult to expect fixed investment profits. Therefore, even if the money was received from the victim as the borrowed money, there was no intention or ability to pay the money.

Nevertheless, on August 20, 2007, the Defendant received KRW 50 million from the victim to the new bank account in the name of the Defendant, as the borrowed money, and received the total amount of KRW 300 million from the victim seven times in total, such as the statement No. 1 through No. 7 of the List of Crimes.

2. On July 2, 2009, the Defendant committed the crime against the victim D at the Daegu-si Transportation Office (State) Daegu-si on July 2, 2009, the Defendant made a false statement to the victim D that “I would benefit a large number of goods to be imported in the business of importing stolen goods in China. I would pay 1.5% interest every month if I lent money.”

However, the defendant did not have the intention or ability to pay the money even if he received the money from the victim as the borrowed money for the same reason as the above paragraph 1.

Nevertheless, on July 2, 2009, the Defendant received 70 million won from the victim to the new bank account in the name of the Defendant, as shown in the attached list No. 8 of the crimes committed.

3. The Defendant committed a crime against the victim E on May 7, 2010.