beta
(영문) 인천지방법원 2018.07.19 2018고단3877

사기

Text

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

Reasons

Punishment of the crime

1. The Defendant, around June 2017, at the Defendant’s residence located in Songpa-gu Seoul Metropolitan Government AA, would have completed the construction work with the victim H who was a school with the premise of marriage at the time when the Defendant was married.

“A false representation was made.”

However, the Defendant did not have any intent or ability to repay money in accordance with the promise even if he/she borrowed money from the injured party due to the excess of the financial condition.

As such, the Defendant, by deceiving the victim, received KRW 15 million from the victim, around October 25, 2017, around December 3, 2017, KRW 100 million, KRW 300,000,000 on October 31, 2017, KRW 2500,000 on December 7, 2017, KRW 22.5 million on January 3, 2018, and deposited KRW 22,50,00 in the Saemaul Savings Depository Account in the name of the Defendant. From around October 8, 2017 to December 16, 2017, KRW 46,340,000, KRW 500 from the victim, KRW 50,000, KRW 15,000, KRW 35,000 from the Hyundai Credit Card, KRW 15,000, KRW 16,75,216,207.

2. The Defendant around March 22, 2013, at the AJ office, Inc., AJ office located in Ansan-si, AJ office located in Ansan-si, there is a need for money to conduct business selling enzyme.

When lending money, it was said that the sales will be repaid within 30 days after taking up the sales.

However, the Defendant did not properly pay the monthly salary of the employees at the time, and the Defendant had an individual debt equivalent to KRW 100,000,000 as a bad credit standing, so even if he borrowed money from the injured party, the Defendant did not have any intention or ability to change it within the agreed period.

Nevertheless, the defendant deceivings the victim as above and is on the same day as the defendant's account under the name of the victim (NAL).