beta
(영문) 창원지방법원 2012.10.18 2011고단3141

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On January 2009, the Defendant said to the effect that “The Defendant would compel the victim to settle the payment on the last day of each month, if he/she supplied the name” at the D station of the victim C’s operation located in Yangsan-si, Yangsan-si.

However, at the time, the Defendant was liable for the total amount of KRW 150 million or more, including KRW 70 million borrowed from the bond company, KRW 50 million from our Capital, and paid KRW 2950,000 or more per month the principal and interest of KRW 2950,000 or more per month, and there was any circumstances that make it difficult to cope with the basic living cost, and thus, there was no intention or ability to pay the oil in time even if the Defendant was supplied with the oil from the victim.

As above, the Defendant, by deceiving the victim, received oil equivalent to KRW 9,30,00 from the victim, namely, from the seat to the Haman on November 2009, from the time on which he was supplied with oil equivalent to KRW 38,63,920, total sum of KRW 11 times, as shown in the annexed List of Crimes.

2. Around December 2, 2010, the part of the defraudation of the borrowed money by the Defendant, on or around December 2, 2010, the Defendant told the victim C to the effect that, even if he/she borrowed money from the victim C even if he/she borrowed money from the victim C, he/she does not have an intent or ability to repay the money in a timely manner, and “I want to borrow money from the Dong in China. I want to return to the Republic of Korea if he/she borrowed KRW 800,000,000 from the air expense.”

The Defendant, by deceiving the victim as above, received 80,000 won from the victim to the Busan Bank passbook on the same day.

3. On December 15, 2010, the Defendant acquired the borrowed money from the Busan East-dong Busan-dong Busan-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter “the Defendant was hospitalized by her wife. It is in the process of hospitaling KRW 600,000 at the discharge cost”).