beta
(영문) 수원지방법원 성남지원 2014.05.21 2013고단1509

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Fraud against the victim C;

A. On May 29, 2010, the Defendant made a false statement to the victim C, “A person who grants the right to supply food materials at a boom restaurant located in the construction site in which the LH is located in the Gyeonggi-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu.”

However, even if the money was received from the victim, there was no intention or ability to use it as a deposit for the 2nd restaurant because it was planned to use it as a personal debt and living expenses.

The Defendant received 20 million won from the victim to the F’s account in the name of the F.

B. On March 3, 2011, the Defendant made a false statement to the effect that “The Defendant would operate a amusement room in the vicinity of the Gyeonggi-gu Seoul Metropolitan Government Correction Station” to the victim in front of the Han Bank, which is located in the central Dong of Seongdong-gu, Seongbuk-gu, Sungnam-gu, Seoul, that “I will hold 10% of the shares of the amusement room if I would like to make an investment in the entertainment cost if I would like to make an investment in the entertainment cost.”

However, even if the money was borrowed from the victim, there was no intention or ability to use it as an entertainment room because it was planned to use it for the repayment of personal debt.

The Defendant received KRW 10 million from the victim to the account in the name of F on the same day.

2. On December 2, 2011, the defrauded G made a false statement to the victim G within the FD office in the Sindong-gu Seoul Special Metropolitan City FD office in the Singu Incheon Special Metropolitan City Co., Ltd. (hereinafter “Seoul Special Metropolitan City Co., Ltd.”) that “The Defendant would receive advance payment if he/she lends money to the victim G with the need for expenses incurred in obtaining civil engineering works in the enterprise city in the Chungcheongnam-gu Special Metropolitan City in the Chungcheongnam-gu Special Metropolitan City

However, even if the victim borrows money from the victim, it was planned to use it as the cost of living, and the will or ability to use it as the cost of civil works.