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(영문) 전주지방법원 군산지원 2018.11.28 2018고단571

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On June 28, 2017, around 2017, the Defendant made a false statement to the victim D’s house located in YX-si Cxx around 21:00 on June 27, 2017, stating that “The Defendant would lend the victim KRW 5,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000)”

However, in fact, since the Defendant received the deposit of KRW 5 million from the studio in 2016 from the studio in advance, the security deposit cannot be subtracted any longer because it remains more than KRW 5 million, and there was no special property or income, while there was no intention or ability to repay the deposit normally even if the Defendant borrowed money from the damaged person by raising about KRW 20 million personal debt.

Nevertheless, on June 28, 2017, the Defendant: (a) by deceiving the victim as above; and (b) transferred KRW 5 million to the national bank account (E) in the name of the Defendant around 11:21, 201.

2. On November 1, 2017, around October 201, the defrauded Defendant made a false statement that “Around October 2017, at the victim’s home as indicated in paragraph 1 of Article 2017, the Defendant was unable to repay the money that he/she has previously lent to the victim because he/she is not a good credit for the victim,” and his/her mother and her mother used the money by obtaining a loan even in the name of her mother and her mother. On the other hand, the Defendant may receive a new loan when she is able to repay the loan.”

However, in fact, even if her mother and her mother have repaid her loans, they did not make an additional loan to the Defendant. While the Defendant did not have any special property or income, the Defendant did not have any intent or ability to normally repay her personal debt even if she borrowed money from the injured party.

Nevertheless, the defendant deceivings the victim by the above method and let the victim do so, and around November 1, 2017, the mother of the defendant is F.