(영문) 서울남부지방법원 2015.07.16 2015고단1510

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(영문) 서울남부지방법원 2015.07.16 2015고단1510

사기등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

"2015 Highest 1510"

1. From September 2006, the Defendant in breach of trust: (a) 10 persons, such as the victim E (which is the leader of the half-gu team) in the D market located in Geumcheon-gu Seoul Metropolitan Government as a leader; (b) 30,000 won per day of payment; and (c) 200 million won per deposit account.

Around May 12, 2008, the Defendant: (a) around May 12, 2008, inasmuch as there was a occupational duty to pay KRW 10 million to the victims who paid the deposit money of a half-gu account No. 20 times, the Defendant did not pay the said deposit money to the victims in violation of the duty; (b) obtained the pecuniary benefits equivalent to the said amount, and suffered property damage equivalent to the said amount from the victims.

2. Around February 2008, the Defendant stated that “The Defendant would pay the victim KRW 5 million after three months if he/she lent the money to the victim,” at the HU room for the operation of the victim E in Geumcheon-gu Seoul Metropolitan Government.

However, in fact, the Defendant had a total of KRW 50 million due to gambling, and there was no property under certain income or the name of the Defendant, so even if he borrowed money from the victim, there was no intention or ability to repay it.

As such, the defendant deceivings the victim, which is, from the victim's seat, obtained 5 million won as the borrowed money from the victim, and acquired it by fraud.

"2015 Highest 2038"

1. Around December 28, 2007, the Defendant told the victim J of the Icafeteria operated by the Defendant in the D market located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul to pay the money if it lends money to the victim J.

However, in fact, the Defendant had a total of KRW 50 million due to gambling, etc., and was in a state of enemy because the restaurant business was not well operated, and there was no property in the name of the Defendant, so even if the Defendant borrowed money from the victim, there was no intention or ability to repay it.

The defendant.

유사 판례

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