beta
(영문) 서울서부지방법원 2020.09.03 2019고단340

사기

Text

The crime of the 2019 order340 case, which is decided by the defendant, shall be punished by imprisonment for six months, and the crime of the 2019 order3388 case, which is decided by the decision.

Reasons

Punishment of the crime

On September 10, 2015, the Defendant was sentenced to imprisonment of one year and six months for fraud at the Seoul Western District Court on December 11, 2015, and the judgment became final and conclusive on September 21, 2016, and completed the execution of the sentence in the Net Prison on September 21, 2016.

“C” in May 2014, 2014, the Defendant stated that “A is urgently required to provide 30,000 won with business funds.” The Defendant would provide a string car with a loan of 30,000 won under four names. The monthly interest and rental expenses will be paid in lieu of internal payment, and the principal will be repaid three years later.”

However, the defendant thought that he would use the money borrowed from the victim as living expenses, etc., and there was no intention or ability to provide the victim with the rental vehicle due to the lack of surplus funds at that time.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim to the corporate bank account (D) in the name of the Defendant on May 31, 2014, and, from that point to December 4, 2014, acquired money by deceiving the victim more than three times in total, including the amount of KRW 27 million, as shown in the attached list of crimes, from that point.

around December 2017, the Defendant, “E” at a meeting of the Internet club called “E,” followed the Victim F by promising to marry with the Victim from January 2018.

1. The defendant's sole criminal conduct;

A. A. Around January 2018, the Defendant borrowed money under the name of the deposit, stating that “A deposit is required to take over the right to operate the automobile maintenance plant of I located in Ha in Hasung-si, Young-gu, G” from the victim’s home, the Defendant would give 300,000 won interest per month along with the principal amount of KRW 3 million per month if he/she lends money.”

However, on December 22, 2017, the Defendant has the right to operate the maintenance plant at KRW 25 million and monthly income of KRW 5 million between J and J on December 2, 2017.