(영문) 광주지방법원 순천지원 2019.03.14 2018고단1746

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(영문) 광주지방법원 순천지원 2019.03.14 2018고단1746

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

except that 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

On July 2017, the Defendant stated that “The Defendant may take over B’s partner with the workplace of 60 million or more to 70 million won,” the Defendant lent cash to the partner company for the purpose of acquiring the partner company and one credit card to the partner company, and deducted the amount to be used from the incentives to be paid at the time of taking over the partner company with the use of the credit card from the incentives to be paid at the time of taking over the partner company, and if the partner did not take over it, he would immediately pay the amount of cash and credit card use.”

However, in fact, the defendant did not have the intention or ability to take over B for the victim, and only used cash and credit card loans from the victim for the purpose of using them as Internet gambling funds and living expenses. The defendant did not have the intention or ability to pay the price even if he used cash and credit card in his own discretion because of the debt amounting to KRW 80 million at the time.

Around August 2, 2017, the Defendant received KRW 200,00 from the victim to the account in the name of D used by the Defendant at the time of the time, and transferred KRW 9,880,000 in total over 10 times from around that time to September 30, 2017, including the transfer of KRW 20,000 from the victim to the account in the name of D, and received a total of KRW 10,880,00 from the victim around September 18, 2017, and received a short-term loan of KRW 44,000 from the victim to around September 18, 2017 by using the above 30,000 won, including the short-term loan of KRW 2,086,240,000,000 from around 20,000 as stated in the attached Table 2 of Crimes, and from around 17, 2017.

In this respect, the defendant deceivings the victim, which is equivalent to the sum of 29,116,240 won.

유사 판례

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