beta
(영문) 춘천지방법원 2017.08.30 2017고단556

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Fraud against the victim C;

A. On July 2016, the Defendant made a false statement to the victim at the front park of the “E Hospital” located in Yang-gu, Gangwon-do, Yang-gu, Gangwon-do, that “I will receive a loan and impose a fine, and D will become a joint guarantor. The Defendant would have repaid the loan within three months with no condition.”

However, the Defendant did not have any fine to be paid at the time, and the Defendant did not have any intention or ability to repay the principal and interest even if he did not receive the loan through a joint and several guarantee of the victim because the amount of eight million won is overdue due to the failure to pay for the telecommunication expenses.

On July 28, 2016, the Defendant: (a) caused the victim to become a joint guarantor of the loan transaction agreement that the Defendant received from the Defendant; and (b) received a total of KRW 6 million from the above lending companies; and (c) acquired a monetary benefit equivalent to the same amount.

Accordingly, the defendant, by deceiving the victim, had the victim sign a joint and several guarantee, obtained 6 million won property benefits.

B. On August 2, 2016, at the victim’s house located in Gyeyang-gu G and 102 Dong 406, the Defendant made a false statement that “The Defendant borrowed money from the victim with a loan made by N. D. to resolve a fine. The Defendant is liable to pay the loan and repaid the loan.”

However, the Defendant did not have any fine to be paid at the time, and the Defendant, while delivering the F with the F, obtained income from KRW 1700,000 per month to KRW 600,000 per month while driving as an agent, and did not have any separate property. The Defendant was in arrears with the amount of KRW 8,000,000 due to the failure to pay the telecommunications fare, and thus, was lent to the Defendant by the victim.