beta
(영문) 광주지방법원 2017.08.30 2016고단2578

사기등

Text

Defendant

A Imprisonment with prison labor of one year and fine of 3,000,000 won, and Defendant B shall be punished by imprisonment with prison labor of eight months.

However, the Defendants are the defendants.

Reasons

Punishment of the crime

【Defendant B, on January 22, 2015, committed a violation of the Punishment of Violences, etc. Act in the Gwangju District Court (a collective deadly weapon, etc.) and was sentenced to a suspended sentence of two years in January 30, 2015, and the judgment became final and conclusive on January 30, 2015.

【Criminal facts】 2016 Highest 2578】

1. The Defendants jointly committed the crime committed with the victim F and the victim G to use the money in installments.

On September 25, 2014, the Defendants are urgently needed to purchase land to the victims at the International Office of Law Firm I located in Seo-gu, Seo-gu, Gwangju, Seo-gu.

It is intended to lend KRW 70 million to pay KRW 80 million after one month.

The term "the land was purchased at the time of lending money and the attitude that the borrowed money seems to be repaid properly.

However, in fact, the defendants used 50 million won by borrowing money from the victims, they thought that they would use 20 million won, and they also thought that they would be used as repayment of personal debts or living expenses, not as full use in purchasing the land. Since they did not have any property or income possessed by bad credit holders, they could not repay them even if they borrowed money from the victims because they did not have any property or income.

As such, the Defendants, by deceiving the victims, were transferred from the victim F to the Gwangju Bank account under the name of the J, KRW 35 million on September 26, 2014, and from the victim G to the said amount, KRW 35 million on September 29, 2014.

2. On October 20, 2014, Defendant B sent a phone call to the Victim F at a non-permanent place and sent the phone call to Defendant B, stating, “A shall have to pay more than five million won,” and as if A borrowed money from the victim, Defendant B had expressed a view that A had to pay money.”

However, in fact, A did not lend money from the victim to the defendant, and the defendant has property or particular income with bad credit standing.