beta
(영문) 서울서부지방법원 2015.07.07 2015고단735

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around February 9, 2012, the Defendant stated that “A victim E, who works for the head of the branch office of the hospital that he/she operates, will lend 15 million won due to the shortage of employees’ benefits, will be repaid within one month, and 120,000,000 square meters should be paid within 120,000,000 if he/she grass off,” from the office of the head of the branch office of the D Hospital in Chungcheongnam-si, Nam-si.”

However, in fact, the Defendant was in a state without any particular property, and was unable to receive any profit with respect to the real estate located in emulative state, so even if he borrowed money from the victim, there was no intention or ability to repay it.

Ultimately, the Defendant, as seen above, made a false statement to the victim and received a total of KRW 15 million from the victim to the D Hospital Corporation account in the name of F, on two occasions around February 9, 2012.

"2015 Highest 773"

1. Fraud against the victim G;

A. On January 2007, the Defendant made a false statement to the victim G that “Around January 2007, the Defendant will return the monthly salary of KRW 1 million for each month.”

However, even if the defendant paid one million won out of the monthly salary by the victim, he did not have the intent or ability to return the above money to the victim later on account of installment savings for the victim.

Nevertheless, the Defendant paid 14 times from January 2007 to February 2008 the remainder excluding one million won out of the monthly salary, and acquired property profits in one million won per month from the victim’s end.

Accordingly, the defendant deceivings the victim to acquire the pecuniary benefits of 14 million won in total from the victim.

B. Around March 19, 2009, the Defendant stated that “Around March 2009, the Defendant would be responsible for the principal and bank loan interest if he/she made an investment in money that did not pay a monthly wage, and would create an amount higher than a monthly wage with stocks.”

(b).