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(영문) 수원지방법원 안양지원 2018.06.08 2017고단2007

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal records] On June 29, 2010, the Defendant was sentenced to one year of imprisonment for fraud at the Jeonju District Court, and was released on October 28, 2010 during the execution of the sentence, and the remaining term of imprisonment has expired on November 17, 2010.

[2017 Highest 2007]

1. On September 14, 2011, the criminal defendant against the victim C by phone to the victim C who is teaching with himself/herself and requires money for business purposes.

The loan of KRW 3 million was made by false means, “I will make reimbursement without mold three days after the loan.”

However, at the time, the defendant was a bad credit holder, and even if he borrowed money from the injured party without any particular property, he did not have the intent or ability to change it within the agreed period, and most of it was thought to use it in repayment of existing debts.

Nevertheless, the Defendant, as seen above, received a total of KRW 78 million from the time of receiving transfer of KRW 3 million from the account in the name of one bank under the name of D to the borrowed money from the injured party on the same day, as well as from December 28, 2012 to December 20, 2012.

2. On May 9, 2013, the criminal defendant against the victim E calls to the victim E who is the mother of C on May 9, 2013, and “emergency money is necessary.”

The phrase “one hundred thousand won has been lent because there was a place where money has been raised after two to three days.”

However, at the time, the defendant was a bad credit holder, and even if he borrowed money from the injured party without any particular property, he did not have the intent or ability to change it within the agreed period, and most of it was thought to use it in repayment of existing debts.

Nevertheless, the Defendant, as above, received a total of KRW 67,950,000 from the time on nine occasions from October 28, 2013, including by deceiving the victim and receiving KRW 5 million from the national bank account in the name of the Defendant’s living together, under the name of the same day from the victim, to the bank account in the name of the Defendant’s living together.