(영문) 대구지방법원 김천지원 2018.11.28 2018고단922

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(영문) 대구지방법원 김천지원 2018.11.28 2018고단922

사기

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A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be liable to the applicant C for the amount of KRW 40 million by fraud, and shall be liable to the applicant C.

Reasons

Punishment of the crime

1. On August 24, 2015, the Defendant’s fraud against the victim D is stable import of school students, from the roads in front of the C’s house where his/her father and descendant in the Gu-Si of Changwon-si, Seoul to the tenant. The victim of the said C had a restaurant operated by the Gu-Si, and the second child had his/her house in Daegu as compensation after having died of the accident, and the child’s future students had a stable import.

The Court stated that “I will pay in full, and I will pay in, a loan for the money required to pay in full.”

However, in fact, the Defendant was liable for the total number of days of debt, and the restaurant operated by the Defendant was well aware of the funeral service, and there was no real estate owned by the Defendant, and large children did not have any contact with each other, and even if they borrowed money from the victim, there was no intent or ability to repay the money, even if they were to use it in full for the payment of living expenses and debt.

As a result, the Defendant, by deceiving the victim, received a cash of KRW 800,000 from around that time to May 29, 2017, and received a total of KRW 59,800,000 from around 10 to around 10 times as shown in the list of crimes in attached Form 1.

2. On November 12, 2015, the criminal defendant against the victim C told the victim “to pay money for two to three months if he/she lends money to the victim,” at the beauty room operated by the victim in the old-gu, Changwon-si, Seoul Special Metropolitan City.

However, in fact, the Defendant was liable for the total number of days of debt, and the restaurant operated by the Defendant was well aware of the funeral service, and there was no other income, and even if the Defendant borrowed money from the injured party, it did not have any intent or ability to repay the money, even if he borrowed money from the injured party.

Accordingly, the defendant deceivings the victim and let the victim do so on the same day.

유사 판례

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