beta
(영문) 대구지방법원 서부지원 2016.04.22 2015고단1340

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On November 201, 201, the Defendant, at the victim D’s house located in Pyeongtaek-si apartment 104, 201, 104-201, borrowed money from the victim to the victim for a money play with a high interest rate. If the Defendant borrowed the money to the victim, he would be able to pay the interest and principal with the money to the other person with the money.

The phrase “ makes a false statement.”

However, the Defendant, at that time, did not have any intention or ability to pay interest and principal normally to the victim, even if he/she borrowed money from the injured party due to a credit card payment of KRW 40 million, the monthly income of KRW 200 to KRW 300 million, or credit card payment of KRW 300 to KRW 50 million, and even if he/she borrowed money from the injured party, he/she did not use it in repayment of other obligations than credit card payment, or make repayment to E and F.

Around November 30, 201, the Defendant: (a) by deceiving the victim; (b) received KRW 1 million from the victim to the corporate bank account in the name of the Defendant from the victim; and (c) received KRW 100,000 from the time until August 25, 2012, the Defendant acquired KRW 11,934,00 from the victim on a total of 88 occasions, such as the list of crimes in attached Table 1, from August 25, 2012.

2. On November 15, 201, the Defendant called the Victim E at Pyeongtaek-si Station on the victim’s day on November 15, 201, and there is no money to manage the customer while playing in money.

If a person lends money to a third party, he/she shall return the interest and principal for the number of days of lending the money to the third party.

The phrase “ makes a false statement.”

However, in fact, the Defendant, at that time, used monthly income to pay credit card bills and pay off to D and F the monthly income of KRW 200 to KRW 300,500,000 per month with credit card bills, and even if the Defendant borrowed money from the damaged party due to the amount of KRW 40,500,000,000, it is thought that the Defendant used it to pay off other obligations than credit card bills or paid off to D and F, and therefore, the Defendant interest and interest of the victim.