beta
(영문) 전주지방법원 2019.08.29 2019고단683

사기

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On January 8, 2009, the Defendant was sentenced to five years of imprisonment with prison labor at the Jeonju District Court for fraud, etc., and completed the execution of the sentence in the Jeonju Prison on August 20, 2013.

【Criminal Facts】

1. On April 2015, the Defendant made a false statement with the victim B that “The victim’s business, who is going to run in China, has entered China, and is able to repay the money to the victim B if he/she borrowed the money to be used as a business fund.”

However, the defendant did not proceed with his own business in China, even if he borrowed money from the victim, he was planned to use it as a cost of living, and even if he borrowed money from the victim due to no property or other income, he did not have the intent or ability to repay the money.

As above, the defendant deceivings the victim, and is also against the victim.

4. around 14.14. Around the same month, a total of KRW 10 million was remitted from around 29.5 million to the bank account in the name of the Defendant, from around 29.5 billion to around 0.5.5 million as shown in the annexed List of Crimes (1).

Accordingly, the defendant was given property from the victim by deceiving the victim.

2. On October 23, 2015, the Defendant committed the crime against the victim C made a false statement to the victim C, stating that “A victim C wishes to operate a business by setting up a franchise store in Chinese v. S. Republic of Korea, and if the Defendant borrowed money to use it, he/she will pay only KRW 60,000 of the money.”

However, the defendant did not proceed with his own business in China, even if he borrowed money from the victim, he was planned to use it as a cost of living, and even if he borrowed money from the victim due to no property or other income, he did not have the intent or ability to repay the money.

As above, the defendant deceivings the victim and belongs to it.