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(영문) 서울중앙지방법원 2013.11.08 2013고정5149

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around January 5, 2012, the Defendant told the Victim F to conclude the interior construction of the building within one month so that he/she can operate a H spole or a sugar store in the G, and that he/she will pay a security deposit for the lease of a sugar store in Yangcheon-gu Seoul Metropolitan Government.

However, even though the Defendant was awarded the H Center's bid, the Defendant did not have any intent or ability to have the victim operate the said boomer within one month, even if he received the deposit money from the victim, because it was difficult to continue to lease the said boomer due to the lack of the cost of remodeling construction due to the lack of the cost of remodeling construction, and the shortage of monthly rent, etc.

The Defendant, by deceiving the victim as such, received KRW 40,00 from the victim two times from January 6, 2012 as the deposit money for the store lease.

2. The Defendant at the H office located in Yangcheon-gu Seoul Metropolitan Government around A, around 2012, told the victim F to the effect that “The victim F would not transfer the insignia center in his/her name due to lack of money, and if only KRW 20,000,00,000 may immediately transfer his/her name and hold the insignia center, and that 20,000,000 won will be changed into one month in the Jeju-do and paid the money.”

However, at the time, the Defendant was in a situation where the construction was delayed due to the shortage of the cost of remodeling construction due to the lack of funds, and it was difficult to open the said hot spring in the month when the monthly rent was unpaid, so even if he received additional funds from the victim, the Defendant did not have the ability to open the above insignia center to have the victim operate the relevant hot spring store and operate it, or to repay the borrowed money to the victim.

As such, the Defendant deceivings the victim as such, and up to December 21, 2012, 10,000 won as the borrowed money from the victim.