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(영문) 서울북부지방법원 2018.05.18 2018고단1038

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The defendant is a person who has worked as a guest room cleaning room in the E hotel in Yongsan-gu Seoul Metropolitan Government, and the victim C is a person who has worked as a guest room cleaning room in the above hotel as the defendant.

On February 2, 2011, the Defendant loaned the victim’s money at the hotel in the above E, “The Defendant, who has been engaged in a product factory in the peace market, borrowed money to the other party and received high interest, and borrowed the money to reduce the interest accrued on the second month of the test. The principal will be returned after six months.

“The purpose of “ was to make a false statement.”

However, at the time, the monthly income of the defendant was about 1.5 million won, but the defendant had to pay interest equivalent to about 187 million won from F, etc. as the defendant borrowed about KRW 187 million from F, etc., and the defendant was merely intended to pay interest on money borrowed from the victim, or to consume the money due to the defendant's living expenses, etc., and he did not have any intent or ability to pay the interest to the victim or to pay the principal to the person who uses the product factory with the money, and did not have any intent or ability to pay the interest to the victim or to pay the principal to the victim. In addition, even if the defendant borrows the money from the victim due to lack of any other financial ability, he

On February 22, 2011, the Defendant received 30 million won from the damaged person to the new bank account of the Defendant with the name of the borrowed money and acquired it by fraud.

In addition, from around that time to April 27, 2016, the Defendant enticed the victim 11 times in total, such as the list of crimes in the annexed sheet of crimes, and obtained a total of KRW 27.4 million from the damaged to the money borrowed, and acquired it by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each investigation report (Attachment of the details of account transactions of a suspect, hearing of each complainant's telephone statement, details of bank transactions under the name of a suspect, and debt relationship of a suspect);

1. A new statement of bank transactions;

1. A statement of transactions, a certificate of deposit without passbook, and a loan certificate; and