(영문) 의정부지방법원 고양지원 2017.12.21 2017고단879

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자간(%)

(영문) 의정부지방법원 고양지원 2017.12.21 2017고단879

사기등

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The defendant shall be punished by imprisonment with prison labor for 6 months for the crimes of 1, 2, and 7, and by imprisonment for 2 years and 6 months for the remaining crimes.

Reasons

Punishment of the crime

[2017 Highest 879] On December 1, 2016, the Defendant was sentenced to imprisonment with prison labor for one year for fraud and two years for suspended execution, and the judgment became final and conclusive on December 9, 2016.

1. The Defendant, around February 16, 2015, received KRW 1,00,00 from the injured party to the new bank account (F) in the name of the Defendant on the same day from the injured party and received KRW 1,00,000 from the new bank account (F) in the name of the Defendant on the same day, and acquired the money by obtaining KRW 72,484,481 won in total over 71 times from around that day to May 17, 2016, by taking account of the following facts: (a) the Defendant did not operate a sports soil business and did not receive money in the name of the borrowed money from the injured party E; and (b) the Defendant did not intend to repay the borrowed money to the injured party; and (c) did not have any intent or ability to repay the borrowed money to the injured party.

2. On February 16, 2015, the Defendant: (a) at the H agency located in Gangnam-gu Seoul Metropolitan Government (Seoul) around February 16, 2015; (b) even if the Defendant did not conduct sports soil business and received a mobile phone from the injured party, it was thought that he stuffed the Internet by using the mobile phone; and (c) although there was no intent or ability to pay the mobile phone fees, the Defendant provided one mobile phone (I) opened in the name of the injured party (I) and obtained one mobile phone (I) opened in the name of the injured party; and (d) used the same amount without paying KRW 1,550,000, including the mobile phone charges, information fees, etc.; and (e) obtained property benefits equivalent to the same amount from the use of the mobile phone in the name of the injured party (i) from around 2000 to February 28, 2015, the Defendant acquired property benefits of KRW 15,501,387, supra.

As above, the defendant, like the above 1 and 2, has a total of 87,985,868 won from the injured party.

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