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(영문) 서울중앙지방법원 2014.04.18 2014고정513

사기

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who has served as a golf-based protocol at the Gangnam-gu Seoul Metropolitan Government CVice Center.

1. On January 26, 2011, the Defendant made a false statement to the victim D, stating that “A plan to make a golf trip with a member was made, but a member to be accompanied would have failed to meet the expenses while cancelling the plan.” If a member to be accompanied borrowed KRW 2 million, the Defendant would be repaid with the revenue on February 201.”

However, the defendant did not have the intention or ability to repay even if he borrowed money from the victim.

The Defendant, by deceiving the victim as such, received KRW 2 million from the victim’s new bank account (Account Number:F) in the name of E.

2. On February 1, 2011, the Defendant made a false statement to the above victim stating that “The Defendant would pay insurance money if he/she borrowed money.”

However, the defendant did not have the intention or ability to repay even if he borrowed money from the victim.

The Defendant, as such, by deceiving the victim, received KRW 3 million from the victim’s new bank account (Account Number:F) in the name of E.

3. On June 30, 2011, the Defendant made a false statement to the above victim stating that “The above victim is engaged in a business with a fluorial type, and the acquisition cost is required in order to solely take over and operate the fluorial type. If the acquisition cost is lent, the Defendant would pay the principal and interest by dividing the fluorial income in installments for two years.”

However, in fact, the defendant did not have the ability to take over the above insignia center, and even if he received money from the victim, he used it for personal living expenses, etc., so there was no intention or ability to pay the money even if he borrowed money from the victim.

As such, the Defendant deceivings the above victim, and is affiliated therewith from the victim, to the single bank account (Account Number: G) in the name of the Defendant.