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(영문) 수원지방법원 안산지원 2018.02.21 2017고단509

사기등

Text

In the case of each of the crimes of No. 1 in the judgment of the defendant, a fine of KRW 1,50,000 shall be imposed for the crimes of No. 2 in the judgment of the court.

Reasons

Punishment of the crime

1. The Defendant was sentenced to a suspended sentence of two years on February 5, 2015 to imprisonment with prison labor for the crime of extortion at the Jung-gu District Court on February 5, 2015, and on November 26, 2015, the said judgment became final and conclusive on November 26, 2015. On April 28, 2016, the Defendant was sentenced to a suspended sentence of four months for criminal fraud for April 22, 2016, and the said judgment became final and conclusive on July 22, 2016.

[Criminal facts]

A. On August 2012, the Defendant called that “Around August 2012, 2012, the Defendant was phoneed to the victim D, who was a senior scam in the middle and middle order, and was in need of money to purchase a senior scam in the middle and high order vehicle, and that “A repayment shall be made within the month during which two (2) interest shall be paid on a monthly loan for the money.”

However, the Defendant did not have any intent or ability to repay the borrowed money even if he borrowed the money from the injured party, because the Defendant was under the circumstances that the Defendant would bear approximately KRW 90 million of taxes and loans in arrears with bad credit standing at the time.

The Defendant, under the pretext of borrowing money from the injured party, shall pay 18 million won around August 23, 2012 to the national bank account (F) in the name of E in the name of the injured party, and the same year.

8. 25. Minority KRW 32 million, and the same year.

9.5. Around around 33 million won, he received a total of KRW 83 million by remittance, such as receiving a remittance, and defrauded it.

B. On September 2012, 2012, the Defendant called the Defendant to pay KRW 55 million to the Victim D by phoneing to the Defendant on September 2012, 2012, “G hospital’s completion funds need to be required, and KRW 50 million plus interest KRW 5 million after the call.”

However, as above, the Defendant was liable for a large amount of money as above, and even if the Defendant used the money borrowed from the injured party as the completion fund of G hospital, it was unlikely to recover the principal in a short period, so there was no intention or ability to repay the money even if he borrowed the money from the injured party.

On September 10, 2012, the Defendant received 50 million won from the injured party to the national bank account under the above E as a loan, and acquired it by money.

2.