beta
(영문) 광주지방법원 순천지원 2019.05.15 2018고단967

사기등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On September 7, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for special intimidation in the Gwangju District Court’s pure support on September 20, 2016, and the judgment became final and conclusive on September 20, 2016. On July 20, 2017, the Defendant was sentenced to two months of imprisonment with prison labor for fraud in the Changwon District Court’s territorial support, and the judgment became final and conclusive on July 28, 2017.

【Criminal Facts】

1. Around October 2013, the criminal defendant against the victim B made a false statement to the victim B, stating that “Any money is urgently needed. The defendant would have to receive a loan and make a full payment within one year, if he/she lends the loan.”

However, the defendant did not have any intention or ability to pay the money even if he borrowed money from the victim without any particular revenue or property.

On October 23, 2013, the Defendant, by deceiving the victim, received KRW 9 million from the victim, via a Cbank account (D) in the name of the Defendant on October 23, 2013, and KRW 10 million from the same account on October 24, 2013, respectively, and by deceiving the victim through the same method on May 16, 2014, and by deceiving the victim from the victim to the E Bank account (F) in the name of the Defendant, the Defendant acquired KRW 27 million in total three times in total.

2. Around June 2014, the defrauded G made a false statement to the victim G, stating that “A down payment is lacking in making a director. A loan of KRW 3 million and a loan of the loan will be repaid after one month.”

However, the defendant did not have any specific revenue or property and did not have any intention or ability to repay the money even if he borrowed money from the victim.

As such, on June 23, 2014, the Defendant, by deceiving the victim, acquired 3 million won from the victim through the Cbank account (H) in the name of the Defendant.

3. The Defendant committed a crime by stealing the name B, on the basis of the following facts: (a) the Defendant arbitrarily opened a bank account in the name B; and (b) obtained a loan from a lending company under the name B, on the ground that he/she had a resident registration certificate issued from B while arranging a loan of housing funds to the said B around 2013.