beta
(영문) 의정부지방법원 고양지원 2018.01.19 2017고단560

사기

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Borrowing money fraud (the part on the application for permission to amend the bill of indictment made on October 17, 2017 among the selective charges) by the Defendant is the Defendant’s house located in Gyeyang-gu, Gyeyang-gu on May 29, 2015, and there is no money to the Victim F in urgent need for money.

Along with a loan of KRW 10 million, the term “to make repayment at the end of the month” was false.

However, at the time, the Defendant was liable to pay approximately KRW 100 million, and there was no intention or ability to pay money on the date of the promise even if he/she borrowed money from the injured party, because he/she was required to pay the above KRW 7 million as interest for the above obligation in one month, and the obligation should be repaid by the so-called “the method of preventing return” in order to repay the existing obligation.

Nevertheless, the Defendant, as seen above, received KRW 10 million from the victim, who was the victim’s false statement, to the national bank account in the name of G, and received KRW 10 million in total from the victim 74,278,00 over 26 times from the above day to May 3, 2016, as stated in the list of crimes in the attached Table 1 through 18, 20 through 24, 26, 28, and 29.

2. On September 20, 2015, the Defendant is obliged to pay an amount of money to the victim F at the I restaurant located in Soyang-gu, Seoyang-gu, Seoyang-gu. H on September 20, 2015, even if the Defendant subscribed to the number fraternity operated by the Party because he/she was paid the amount of KRW 6 million by his/her husband for living expenses.

A false statement was made to the effect that "assigning to the number system" was "assigning to it."

However, as described in paragraph 1, the Defendant bears a debt of 100 million won or more as a bad credit holder, and even if he/she has to pay interest of 7 million won or more in one month from the injured party, he/she does not have the intent or ability to faithfully pay the fraternity amounting to three million won or more in one month, and solely pays by the sequence of the number system, to another victim.