beta
(영문) 서울중앙지방법원 2018.11.09 2017고단8806

사기등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Fraud;

A. On June 2014, the Defendant committed the crime at early 2014, in D operated by the victim C, located in Seocho-gu Seoul, Seocho-gu, Seoul, on June 2014, paid the principal by dividing the amount equivalent to 10% interest per annum by every month and paying it as interest, to the victim’s loaning KRW 30 million as he/she urgently needed to use the money inside the house.

“A false statement” was made.

However, around that time, the Defendant had been in excess of the obligation, such as having been liable for the amount of KRW 30 million to commercial banks and loan companies, and had no specific property and had no intent or ability to repay the amount normally at the time of repayment even if the Defendant borrowed the amount from the damaged party due to the absence of any specific property.

Nevertheless, the Defendant made a false statement as if the Defendant were to pay the principal and interest normally at the maturity date, and was transferred 30 million won to the F bank account (Account Number: G) in the name of the Defendant on June 10, 2014 from the injured party.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

B. On October 2014, the Defendant: (a) at the places indicated in the preceding paragraph of the preceding paragraph from among the police officers on October 2014; and (b) at the victim’s meeting, it is urgently necessary to reach an agreement due to the friendlyity in a criminal case.

It shall be repaid within 30 million won on a deposit basis.

“A false representation was made.”

However, around that time, the Defendant had been in excess of his/her obligation, such as having been liable for the amount of KRW 30 million to commercial banks and loan companies, and had no intention or ability to normally change the amount, even if he/she borrowed money from the victim due to the absence of any particular property, even if he/she borrowed money from the victim.

Nevertheless, the Defendant makes a false statement as if he/she would normally pay the principal and interest to the victim within several days, and he/she is affiliated with the victim on October 31, 2014, the I Bank under the name of the Defendant.