beta
(영문) 서울중앙지방법원 2018.08.16 2018고단359

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

[Criminal record] On July 6, 2017, the Defendant was sentenced to a suspended sentence of four months of imprisonment for fraud at the Seoul Central District Court, and the judgment became final and conclusive on July 14, 2017.

[Criminal facts]

1. On December 17, 2015, the Defendant, in the name of the expenses for consulting on return to farming and the subscription amount of KRW 26 million, loaned KRW 350 million from the Government to the victim E in the “D” office located in Gangnam-gu Seoul Metropolitan Government, with the funds for supporting return to farming and fishing.

There are lots related to return to rural communities in South and South Korea, and there are houses and plans for mushroom cultivation houses.

It is intended to ensure that return to return to rural communities may proceed with return to rural communities and receive return to rural communities with the subscription money of 7 million won and 20 million won from return to rural communities at the consulting cost of return to rural communities.

“A false representation was made.”

However, in fact, the defendant was planned to repay money to other persons who wish to return money or to use money for personal purposes, such as living expenses of the defendant, etc. with the money received from the victim, and there was no thought to use it as the victim's consulting expenses and subscription money. Therefore, there was no intention or ability to arrange return of money or arrange return of money as promised by the victim.

As such, the Defendant, by deceiving the victim, was transferred to an enterprise bank account in the name of the Defendant’s child, KRW 26 million in total five times from May 31, 2016 to August 8, 2016, around June 1, 2016, KRW 10 million from July 5, 2016, KRW 5 million from July 10, 2016, KRW 5 million from July 10, 2016, and KRW 1 million from around August 8, 2016, including one million from May 31, 2016 to around August 8, 2016.

2. On September 9, 2016, the Defendant entered into a credit card payment fraud amounting to three million won under the pretext of the borrowed money, with the victim purchased at the above D office “3 million won of the impulses and pests related to return to rural communities.” Since there is no money at home, the Defendant would pay 300,000 won per month on behalf of the State.

The phrase “ makes a false statement.”

However, in fact, the defendant does not have living expenses at the time, and is paying credit cards by the victim.