beta
(영문) 수원지방법원 안양지원 2016.05.20 2016고단146

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On December 20, 2014, the Defendant for the fraud of the borrowed money: (a) at the Guro-gu Middle School located in Eunpyeong-gu Seoul Metropolitan Government, the victim B, “I are well aware of the president of Samsung-affiliated, and is making an investment; (b) if I lend money, I will pay interest of 9% per month in the company; and (c) the principal will pay after one month.

“.....”

However, in fact, even if the victim borrowed money from the victim, he did not have the intention to make an investment, and was thought to use it simply to pay for living expenses or personal debts. On the other hand, the personal debts were approximately KRW 20,000,000, while there was no fixed income, there was no intention or ability to pay for it even if he borrowed money.

Nevertheless, the Defendant, as seen above, received the remittance of KRW 5,500,000 from the damaged person to the corporate bank passbook in the name of the Defendant on December 24, 2014, as well as the remittance of KRW 24,50,000 on a total of five occasions, such as the list of crimes in the attached Form.

2. On January 31, 2015, the Defendant: (a) at the Gosan Middle Middle School listed in paragraph (1) around January 31, 2015, said that “I would lend a credit card to the victim B by investing money in Samsung’s affiliates; and (b) would make repayment on the date of settlement after the use of the credit card.”

However, even if the credit card of the victim is lent for the same reason as the statement in paragraph 1, there was no intention or ability to pay the amount normally on the settlement date.

Nevertheless, as above, Defendant 1 received a credit card from the injured party, i.e., a bank credit card from the injured party, and used KRW 108,600 on February 1, 2015, from that point of view, from time when the injured party uses KRW 108,60,00 from that point of view.

3.1. By using the amount equivalent to KRW 2,008,880 until January 3, 200, the victim obtained pecuniary benefits equivalent to that amount by allowing the victim to pay the amount of the use.

Summary of Evidence

1. Statement by the defendant in court;

1. B.