beta
(영문) 의정부지방법원 2013.08.23 2013고단1295

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 1, 2012, the Defendant was sentenced to a suspended sentence of two years for six months in imprisonment for fraud at the District Court for the same month.

9. The above judgment became final and conclusive.

1. On April 29, 2009, the Defendant told the victim C to the effect that “a criminal agreement and medical expenses are required by fighting in the same dubcheon. A loan out of money is to be repaid at a lending place.”

However, even if the defendant received money from the victim, he did not think that he would be able to take entertainment expenses, etc., and he did not think that he would use it as criminal agreement or medical expenses. Since he was given a loan of KRW 10 million from the shot Capital Co., Ltd. at the time and received five million won from a private loan company, he did not have any intention or ability to repay the money even if he borrowed money from the victim.

Nevertheless, the Defendant received 6,790,000 won from the victim’s account in the name of the Defendant on April 29, 2009, and 1,151,300 won from the Agricultural Cooperative (F) account in the name of the Defendant, respectively.

2. On May 5, 2009, the Defendant stated that “H” located in Seocheon-si G that “A’s father is in need of a fine of KRW 9 million due to his/her drunk driving. If he/she borrowed the money to receive the loan, he/she will repay the loan instead of paying the loan.”

However, even if the defendant borrowed money from the victim, he did not think that he would be able to pay the fine imposed on his father, and he did not have any intent or ability to pay the fine even if he borrowed money from the victim, as stated in the above paragraph (1).

Nevertheless, the defendant makes a false statement as above, and it is 8,800. The defendant's account in the name of the defendant on the same day from the victim.