beta
(영문) 서울서부지방법원 2015.02.11 2014고단2346

사기

Text

Defendant

A and B shall be punished by imprisonment with prison labor for ten months, and by imprisonment with prison labor for eight months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

1. On December 20, 2012, the Defendants conspired to commit the joint crime of the Defendants, and concluded that “In the office room of “H” located in Eunpyeong-gu Seoul Metropolitan Government, the new victim I and the victim J, who is his wife, “The strengthening with the new president C is promoting a hot spring development project, and the business is discontinued, and if the Plaintiff borrowed the hot spring site purchase deposit amount of KRW 100 million, the Defendants shall pay the down payment as a down payment, and if a loan is made at a bank after three months, the principal and interest shall be repaid together.”

However, even if the Defendants received money from the victim as the contract deposit for the purchase of the hot spring site, they did not have any intention or ability to use it in the above name.

As seen above, the Defendants deceiving the victims and deceiving them from the victims, 43 million won around February 28, 2013, and the same year.

3.4.Around April, 200, a total of 83 million won was remitted, such as receiving 40 million won or more, and acquired it by fraud.

2. The sole crime committed by Defendant A;

A. A. Around February 19, 2013, the Defendant made a false statement that “Around February 19, 2013, the Defendant would pay a fine, if he/she borrowed the money to pay a fine to the victim I, by phoneing the victim I.”

However, there was no intention or ability to repay the money even if the money was borrowed from the victim.

As above, the Defendant, by deceiving the victim, received 4 million won from the victim and acquired it by deception.

B. Around June 11, 2013, the Defendant made a false statement to the J that “If the Defendant lends money to be used as down payment in connection with the entertainment room contract case, the Defendant would have paid back immediately as returned from Jeju-do.”

However, there was no intention or ability to repay the money even if the money was borrowed from the victim.

As above, the defendant deceivings the victim and is issued 2.5 million won by the victim.