beta
(영문) 대구지방법원 2016.08.12 2016고단2073

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On December 21, 2012, the Defendant is in need of KRW 20 million for the victims E in the D High School Guard Office located in Daegu-gu, Daegu-gu, and the victim E.

In the name of the wife, there is an apartment bond in the river, monthly salary shall be 3.5 million won, and more work between 10 years and 10 years in the future.

At present, there is no risk that there is no obligation.

When lending money, 2% interest per month shall be paid, and the principal shall be repaid after one year.

“A false statement” was made.

However, the Defendant was able to pay the credit card arrears amounting to KRW 10 million with the borrowed money from the injured party. In addition to the above card arrears, the Defendant has to pay the total amount of KRW 30 million at 4 to 5 financial institutions, such as the SC Savings Bank, and the Defendant has to pay the principal and interest equivalent to KRW 2 million every month. Thus, even if he borrowed money from the injured party, there was no intention or ability to pay the above amount.

Nevertheless, on December 22, 2012, the defendant deceivings the victim as above and was delivered KRW 16 million to the above guard room around December 22, 2012.

2. The Defendant, at the above school guard room around December 22, 2012, paid the victim 1% interest per month on the loan of money, and repaid the principal until February 26, 2013.

“A false statement” was made.

However, in fact, even if the Defendant borrowed money from the injured party as described in the above 1, the Defendant did not have any intent or ability to repay the said money.

Nevertheless, the Defendant, by deceiving the victim as above, was transferred KRW 5 million from the victim on December 26, 2012.

3. On October 1, 2013, the Defendant, at the above school guard room of the Defendant, paid 1% interest per month on the loan of money to the victim, and repaid the principal until December 1, 2013.

“.....”