beta
(영문) 인천지방법원 2018.06.27 2018고단3146

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 20, 2017, the Defendant lost other speculative instruments which are means of maintaining livelihood and making it difficult to live in the victim D’s residence, which is located in the 6-202 Dong-gu Incheon Metropolitan City building C, and around March 20, 2017.

A false statement was made that the loan of KRW 3 million would be repaid immediately.

However, the Defendant was in bad credit standing since the beginning of the 20th century, and was at the time responsible for personal debt worth KRW 10 million, and there was no intention or ability to repay the debt even if the Defendant borrowed money from the injured party due to no special occupation at the time.

Nevertheless, the defendant deceivings the victim as above and acquired 3 million won from the victim to the new bank account in the name of the defendant on the same day.

2. On April 2017, the Defendant, at a coffee shop where it is impossible to know the name located in the Southern-gu Incheon Metropolitan City, the Defendant concluded that “If the Defendant would have a mother live together” to the victim, “on the face of lending KRW 7 million as the mother would have come to live, the Defendant would receive the time limit payment after the second month.”

However, as seen earlier, the Defendant did not have any intent or ability to repay money even if he/she borrowed money from the injured party, as seen above.

Nevertheless, the defendant deceivings the victim as above and acquired 7 million won from the victim on April 17, 2017 after receiving 7 million won from the victim.

3. On May 2017, the Defendant: (a) borrowed 10 million won from her natives to her natives; and (b) demanded from her natives to her natives.

The loan made a false statement within 2 months of the lending of money.

However, the Defendant did not have any intent or ability to repay money even if he borrowed money from the damaged party due to the lack of monetary circumstances.

Nevertheless, the defendant deceivings the victim as above and obtained 9.8 million won from the victim at that time and acquired it by fraud.

4. The Defendant calls the victim on July 2017.