beta
(영문) 창원지방법원 2017.03.23 2016고단3245

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall pay 13,600,000 won to the applicant through fraud.

Reasons

Punishment of the crime

[2016 Highest 3245]

1. On July 15, 2014, the defrauded F of the Victim F, in the philosophy of “H” in the Defendant’s operation of the Defendant in Kimhae-si G around July 15, 2014, the Victim F should pay the Victim F with interest on the loan of money.

“A false statement” was made.

However, at the time of fact, the Defendant did not have any intent or ability to pay interest at a high rate or to pay principal, as agreed, even if he/she borrowed money from the damaged party due to the lack of the operating expenses of the private teaching institute that was scheduled to liquidate the damages incurred during the multi-level process and operated.

Nevertheless, the defendant deceivings the victim as above and, i.e., obtained 40 million won from the defendant's agricultural bank account (I) to receive 40 million won.

2. On July 2014, the Defendant against the victim J would pay the principal by paying the interest on the set date to the victim J at the same place as above.

“The commitment was made.”

However, at the time of fact, the Defendant did not have any intent or ability to pay interest at a high rate or to pay principal, as agreed, even if he/she borrowed money from the damaged party due to the lack of the operating expenses of the private teaching institute that was scheduled to liquidate the damages incurred during the multi-level process and operated.

Nevertheless, the defendant deceivings the victim as above and, i.e., by receiving 27 million won from the seat to cash as the borrowed money.

3. On November 5, 2014, the Defendant made a false statement to the victim K at the M office located in Kimhae L and the second floor of Kimhae L, around November 5, 2014, that “No money would be paid to the employee’s benefits due to the Plaintiff’s lack of funds for operating the private teaching institute, and if the private teaching institute enters the private teaching institute within several days, the Defendant borrowed money.”

However, at the time of fact, the defendant is from J.