beta
(영문) 서울서부지방법원 2016.05.13 2015고정1792

사기

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On March 2014, the Defendant committed a crime on March 2014, 201 to the victim C by telephone from the early and irregular land of March 2014 to the victim C, and “on the face of lending money, the Defendant shall operate a loan business with interest of 2% per month and return the principal at any time at the request of the principal.

The phrase “ makes a false statement.”

However, the Defendant was thought to use the borrowed money from the injured party for debt repayment, living expenses, etc., and there was no intention or ability to repay the borrowed money normally due to the lack of any particular property or income at the time.

As such, the Defendant, by deceiving the victim, received money from the victim, from the victim to the Busan bank account in the name of the Defendant, and acquired money in total of KRW 5 million around March 3, 2014, and KRW 10 million around May of the same month, and acquired money from the victim to the Busan bank account in the name of the Defendant.

2. From October 27, 2014, the Defendant committed a crime on or around October 2014, to the victim C by telephone, and there is a method of lending KRW 10 million to a child as a security deposit and lending KRW 20 million within a week.

If you lend an additional amount of KRW 10 million, they will use the loan amount of KRW 20 million within one week to repay in a lump sum with KRW 10 million.

The phrase “ makes a false statement.”

However, the defendant did not have a way to lend KRW 20 million within one week as above, and he thought that he borrowed money from the injured party in terms of debt repayment, living expenses, etc., and there was no intention or ability to repay the above borrowed money normally due to the lack of any particular property or income at the time.

As such, the Defendant, by deceiving the victim, received money from the victim to the Busan Bank account in the name of the Defendant on October 27, 2014, KRW 5 million on or around October 28, 2014, KRW 300,000 on or around the 28th of the same month, KRW 200,000 on the 30th of the same month, and KRW 50,000 on or around the 31st of the same month, from the victim and acquired money by transfer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to inquire into details of transactions of free savings deposits;

1. Criminal facts;