beta
(영문) 서울중앙지방법원 2014.06.13 2013고단7334

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

From 2005 to 5th degree of the Defendant was working as a person in charge of static copon in the Emart’s operation “Emart.”

[2013 Height7334]

1. On Nov. 1, 2009, the Defendant stated that “The Defendant borrowed money from a supplier of livestock products to Emba, etc. to use it as living expenses, etc. if he/she lends it to Emba, and the delivery is completed, the Defendant will complete the payment when he/she completed the delivery.”

However, in fact, the defendant thought that he will use the above money as money for gambling and did not have any intention or ability to repay it even if he borrowed money without any special property.

On November 23, 2009, the Defendant received 60 million won from the victim through the agricultural bank account in the name of the Defendant for the purpose of borrowing money, and was remitted 20 million won through the same account on the 29th day of the same month.

2. Around December 2011, the Defendant made a false statement to the victim H, stating, “The Defendant would pay monthly interest if he/she lends money to the victim H in Seongbuk-gu Seoul.”

However, in fact, the defendant thought that he will use the above money as money for gambling and did not have any intention or ability to repay it even if he borrowed money without any special property.

The Defendant received 33 million won as the borrowed money from the victim from around that time to January 2012.

[2014 Highest 203]

1. Around September 30, 2010, the Defendant made a false statement to the victim J who operates the aforesaid Maart Maccoer at the E-Macco branch located in Cheongju-si I, stating that “The Defendant will receive monthly pay.”

However, the defendant was not only liable for 80 million won at the time, but also has no intention or ability to pay money to the victim even if he borrowed money from gambling and entertainment.