beta
(영문) 수원지방법원 2014.05.15 2013고단5582

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On January 11, 2012, the Defendant was sentenced to six months of imprisonment for fraud at the Jeonju District Court, and completed the execution of the sentence on June 18, 2012.

[2013 Godan582] On November 201, 2012, the Defendant made a false statement to the Defendant that “E working for the victim D in Suwon-si, Suwon-si, Suwon-si, Suwon-si, the Defendant received money from the Defendant under four names as the Defendant provided the Defendant with an adult amusement room in Seoul.”

However, the above money was received from the Defendant, and there was no specific plan to operate the adult amusement room, so even if the above money was received from the victim D, there was no intention or ability to operate the above adult amusement room with the said victim.

Nevertheless, on December 3, 2012, the Defendant: (a) by deceiving the victim D and deceiving the said victim; and (b) obtained a loan from the said victim as security; (c) KRW 13 million; (d) KRW 2 million that the said victim obtained from the loan from the State-based loan; and (d) KRW 3 million that he/she received from the State-based loan; and (e) KRW 5 million that he/she received from the social finance that he/she took out; and (e) KRW 23 million was remitted, respectively.

[2014 Highest 1025]

1. On April 2013, the Defendant made a false statement to the victim F, who was aware of the fact that he/she had been living together in the Ha’s “H” coffee shop located in Yasan-gu, Yan-gu, Yandong-si, and that “If he/she opened a private sports online site in China, he/she may yield a certain amount of profits. When investing business funds, he/she would return the investment funds immediately after profits accrue, and distribute profits.”

In fact, however, it does not require more than two million won for the production of a sports soil site, and it does not only seek personal use of the above money from the victim F even if it is received from the victim F.