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(영문) 대전지방법원 2020.02.13 2019고단1790

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant is each defraudation, and the defendant is 48,00,000 won to B who is an applicant for compensation.

Reasons

Punishment of the crime

"2019 Highest 1790"

1. On January 26, 2018, the criminal defendant against the victim B called the victim at a non-place, and the victim called the victim to “it is necessary to pay the victim KRW 50 million with the advance payment, in which he/she takes a danranc.”

However, in fact, the Defendant received a loan from a large number of financial institutions at the time, and from May 2017 to May 2017, the credit rating was lower due to a large number of arrears, and there were personal loans as described in paragraphs (2) and (3). As such, the Defendant thought to use a considerable portion of money in return for personal repayment, etc., so even if he borrowed money from the victim, there was no intention or ability to pay the money.

As such, the Defendant made a false statement to the victim, and received 48,000,000 won from the victim’s bank account (E) in the name of the Defendant on the same day.

2. Around September 2015, the Defendant against the victim C: (a) around September 2015, 2015, the Defendant paid money to F, the victim’s wife, “if the victim has paid money, he may pay money to the victim with interest payment; (b) paid the three-day interest per month to the victim with a monthly bonus, including the principal, and then paid KRW 100 million to the victim; and (c) f, at a fluenous place, f, gave her speech to the victim.

However, even if the victim received money, he thought to use it for personal purposes without receiving interest on the money, and because there was a large amount of obligation, there was no intention or ability to pay the money even if he borrowed money from the victim.

Around October 28, 2015, the Defendant received 70,400,000 won from the victim to the account specified in paragraph (1).

3. On January 2014, 201, the victim G extended money to F, a partner of the victim, “F, who is the victim’s workplace and is placed in the bank.”