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Reasons
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(영문) 서울북부지방법원 2013.05.02 2013고단37
사기
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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant operated the cosmetic from around November 2002 to November 7, 201.

1. Around May 11, 2007, the Defendant against the victim D made a false statement to the victim D that “I know that I would grow up with a radio wave. I know that I would know that I will grow up. I will not know that I will go up. I will not even know that I will go up. I will get off with interest if I lent the laba, I will make it difficult.”

However, the facts did not have the intention or ability to pay the interest on the borrowed money from the victim.

The Defendant received from the victim KRW 3 million on the pretext of the loan from the victim, namely, KRW 10 million on September 19, 2008, KRW 20 million on the same name as the loan, KRW 7 million on the same name on December 26, 2009, KRW 10 million on the same name on March 16, 2009, KRW 10 million on the same name on October 30, 209, and KRW 20 million on the same name on January 4, 2010.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

2. On December 20, 2007, the criminal defendant against the victim E made a false statement to the victim E that “the victim E would have paid money rapidly. It shall be paid with interest after two months.”

However, the facts did not have the intention or ability to pay the interest on the borrowed money from the victim.

The Defendant received from the victim the sum of KRW 20 million, i.e., KRW 20 million as loan, and KRW 30 million as of February 15, 201.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

3. Fraud against victim F;

A. On May 2, 2011, the Defendant made a false statement to the victim F, stating, “I need to pay money to the victim F. I will pay money. I will pay money with interest attached thereto.”

However, the defendant did not have any intention or ability to pay the interest on the money borrowed from the victim.

In other words, the defendant is against the victim.

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