beta
(영문) 창원지방법원 통영지원 2016.08.09 2016고단366

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. On July 2015, the Defendant committed a false horse on July 2015, 2015, “The Defendant borrowed money from business funds to KRW 15 million” from the “C Party Chairman of the Sungnam-si, Mannam-si, Sungnam-si, Manam-si, which is located in the Sinnam-si B.”

However, the Defendant, even if he received money from the injured party as a result of the closure of a female Liber Business that had been operated from around June 2013, 2004, he did not use it as a business fund, but as a personal debt repayment and living expenses, such as credit card payments. Since there was no income from the bad credit standing at the time, the Defendant did not have any intent or ability to pay the money even if he received the money from the injured party.

Ultimately, the Defendant, as above, by deceiving the victim as above, received each remittance from the victim to the E’s National Bank account (Account Number:F), a person living together with the Defendant, and obtained each transfer of KRW 6 million on July 22, 2015, and KRW 5 million on July 30, 2015, to the Defendant’s National Bank account (Account Number: H) with his mother-friendly G Bank Account (hereinafter “Account Number”).

2. On August 2015, the Defendant committed a crime and committed a crime on August 2015, 2015, with the victim listed in paragraph 1, “a good liquid item exists at this time” from the “C Party Funeral” to the victim as stated in paragraph 1.

The lending of 26 million won and 26 million won and the lending of money was false.

However, even if the Defendant received money from the injured party as a result of the closure of a female Liber business that had been operated from around June 2013, 2004, it was thought that it was not used as the cost of Libered items, but as the credit card price was used for personal debt repayment and living expenses, such as credit card price. Since there was no income in the state of bad credit standing at the time, even if it was received money from the injured party, there was no intention or ability to pay the money.

Ultimately, the Defendant deceivings the victim as above, and thereby deceiving the victim, the Defendant KRW 6 million on August 17, 2015, and August 2015.