beta
(영문) 서울중앙지방법원 2014.03.28 2014고정206

사기

Text

Defendant

A shall be punished by a fine of KRW 3 million and by a fine of KRW 1.5 million, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. On November 21, 2012, Defendant A was sentenced to six months of imprisonment for fraud, etc. at the Seoul Central District Court, and one year of suspended execution, and the above judgment became final and conclusive on November 29, 2012.

On August 31, 2012, the Defendant concluded that “Around August 31, 2012, the Defendant would faithfully pay the victim E money for 100 days if he/she lends money, and as security, will provide the victim E with a contract for the lease of fake real estate in the amount of KRW 10 million.”

However, in fact, even if the defendant did not have any property, and even if he borrowed money in the amount of 60 million won, he did not have the intention or ability to pay it properly, and the real estate lease contract provided as security was forged.

Nevertheless, the Defendant, by deceiving the victim as above, received 4,550,000 won from a new bank account (Account Number G) in the name of F managed by the Defendant on the same day.

B. On September 6, 2012, the Defendant concluded that, “I” coffee store located in Yongsan-gu Seoul Metropolitan Government H, the Defendant provided that, “If he/she lends money, he/she shall faithfully repay the money to the said victim by the day for 100 days, and as security, he/she will provide a real estate lease contract in the fake real estate lease contract in the amount of KRW 70 million.”

However, in fact, even if the defendant did not have any property, and even if he borrowed money in the amount of 60 million won, he did not have the intention or ability to pay it properly, and the real estate lease contract provided as security was forged.

Nevertheless, as above, the Defendant, by deceiving the victim, received KRW 4,530,000 on the same day from the victim’s new bank account under the said F, managed by the Defendant, and received KRW 1,190,000 won in total, including KRW 1,530,000 on September 21, 2012, KRW 270,000 on September 24, 2012, and KRW 280,000 on November 21, 2012.

2. Defendant B: (a) at the community credit cooperative located in Yongsan-gu Seoul Yongsan-gu, Yongsan-gu, Seoul on September 21, 2012, Defendant B “I would have repaid the victim E with good faith by a day for 100 days if he/she lends money.”