beta
(영문) 수원지방법원 안양지원 2016.06.16 2016고단94

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From March 1, 2013 to October 2014, the Defendant operated C laundry on the second floor of the apartment building A in Ansan-gu, Mayang-gu, Mayang-si.

1. On November 20, 2013, the Defendant borrowed KRW 10 million on the loan account of the victim E from the above B apartment building No. 2 to the victim E (hereinafter “Plaintiff”) on November 20, 2013, the Defendant offered KRW 26,250,000 as security the deposit amount for the commercial lease in C laundry operated by lending KRW 10,000,000 to the lender so that he/she may pay the loan, and the principal shall be paid one year after payment, and the interest shall be paid twice a month.

“A false representation was made.”

However, in fact, the remaining amount of KRW 1,250,00,000, other than the deposit 26,250,000, which the Defendant paid as down payment, out of the deposit 26,250,000 under the commercial lease contract which the Defendant provided as security, was provided as a business start-up subsidy from the G branch of the F Welfare Corporation (representative H) on July 19, 2013. This was owned by the F Welfare Corporation, and the Defendant did not have the right to dispose of the said amount. Rather, the Defendant did not have the right to dispose of the amount of KRW 5 million, and the Defendant did not have the right to dispose of the amount of the interest or principal that the Defendant promised to pay to the victim because there was almost no income due to the fact that

Nevertheless, the defendant deceivings the victim as above and received delivery of KRW 10 million from the damaged party.

2. On January 18, 2014, the Defendant, who received a fine of KRW 8 million, was arrested by a designated number of times due to the failure to pay a fine at the police station within the territory of Ansan-gu, Ansan-si, which was located within the territory of Ansan-si, and was arrested by the Defendant. As such, the Defendant called the said victim and called the said victim to the police station within the boundary of the

The fine of 8 million won shall be paid immediately as the case is released on the face of the State by paying the fine of 8 million won.

“A false representation was made.”

However, the defendant did not have any intent or ability to pay the fine immediately, even if he/she has paid the fine on behalf of the victim due to no property such as deposit or cash in the name of the defendant.