beta
(영문) 인천지방법원 부천지원 2012.09.26 2011고단1234

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On July 29, 2009, the Defendant made a false statement to the victim D that “When the alteration of the form and quality of land is changed to forest land in Yang-si, Gyeonggi-do, which is a species owned by the Defendant, the building may be set up, and even in the receipt of the permission for development activities, the amount of 15 million won can be additionally received from the bank. It is necessary to grant the permission for development activities, and personal money needs to be paid, if the Defendant borrowed 20 million won from the bank, he/she will receive the loan from the bank and repay it within 10 days.”

However, the Defendant had no particular revenue or property, and the interest was not paid from June 2010 when the Defendant had already been loaned 3.4 million won to the North Western Saemaul Bank as a security. Since around January 2008, the Defendant had failed to pay the health insurance fees. From January 2008, the Defendant borrowed the above clan land from the Defendant as security, which was 123 million won after settling the personal debts, etc. among approximately 123 million won that he received from the F with the said clan land as security, and the Defendant did not have the intent or ability to repay the debt to the victim even if he borrowed money from the victim, and even if he borrowed money from the victim, it was difficult to grant additional loans as security, and thus, the Defendant did not immediately obtain permission for development activities from the financial institution and did not immediately obtain a loan from the victim.

As above, the Defendant, by deceiving the victim as above, received 20 million won from the victim to the bank account in the name of G designated by the Defendant at the same time.

2. On October 6, 2009, the Defendant: (a) at the place indicated in Paragraph (1) of this Article; and (b) at the victim’s location, “low credit bad; (c) D (victim) has high credit; and (d) if a vehicle is purchased under D, the delivery money is less available.