beta
(영문) 서울동부지방법원 2015.10.14 2015고단1827

사기

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

1. On December 26, 2007, at the victim C’s house located in Gwangjin-gu Seoul Special Metropolitan City, the Defendant borrowed KRW 10,000,000 to E, who is the husband’s husband’s husband’s husband’s wife, but E provided a full payment of KRW 10,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won was not yet sold by a private teaching institute. However, the Defendant did not receive money from E as it is not yet sold by a private teaching institute. If you lend to B, you would have to pay the interest of KRW 20,00,00,00

However, in fact, the Defendant did not have certain income at the time and did not have any property owned by the Defendant, but did not have a total of KRW 100 million, and even if the Defendant borrowed KRW 10 million from the victim, unlike the victim's use, it was thought that it would be used for personal purposes, such as the Defendant's payment of credit card usage fees, and there was no intention or ability to complete payment.

Around December 26, 2007, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the new bank account in the name of the Defendant, around December 26, 2007.

2. 피고인은 2009. 4. 28.경 서울 광진구 D에 있는 피해자 C의 집에서 피해자에게 “동업자가 방배동에 집을 샀는데 잔금 1,000만 원이 부족하다. 방이 3개월이면 빠지니, 당신이 내게 돈을 빌려주면 3부 이자를 주고 3개월 내에 갚아주겠다.”는 취지로 거짓말하였다.

However, in fact, the Defendant did not have certain income at the time, while there was no property owned by the Defendant, a total of KRW 100,000,000 was liable for credit card use charges to purchase goods each month while working as a salesman for multi-level marketing business, and there was no fact that F, who jointly operated the Defendant’s hub store, purchased a house in a boom, and there was no lack of the purchase price.