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Reasons
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(영문) 서울중앙지방법원 2015.01.08 2014고단7008
사기
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Around January 2007, the Defendant stated that “The Defendant would want to enter a public notice board, and would pay the victim a lump sum of installment savings or a loan to the victim at the E public notice board operated by the victim D located in Gangnam-gu Seoul Metropolitan Government.”

However, the defendant did not have the intention or ability to pay the victim's compensation.

Nevertheless, the Defendant, by deceiving the victim as above on January 2007, was killed in the above Notification Board, and resided for 55 months from July 29, 201 to the time of leaving the said Notification Board, and did not pay KRW 500,000 per month for KRW 50,000 (50,000 x 55 months) and acquired financial benefits equivalent to KRW 27,550,00 (50,00).

2. Around April 13, 2009, the Defendant stated that “Around April 13, 2009, the Defendant may pay the victim the money with a loan to the Plaintiff for the shortage of living expenses. There is a need to pay the money to the Plaintiff if he/she is going to pay the money, and he/she pays the money. If he/she does not know, he/she would receive the money from the parent in Jeju-do by taking the land as collateral.”

However, in fact, the defendant used the money borrowed from the victim as living expenses, etc. with no means at the time, and there was no intention or ability to repay the money.

Nevertheless, on April 13, 2009, the Defendant deceivings the victim as above and received 50,000 won in cash from the victim in the same manner as the deposit account under the name of the Defendant on or around January 21, 2008, 4 million won in cash around September 17, 2008, 1 million won in cash around December 30, 2008, 30,000 won in cash around January 23, 2009, and 200,000 won in cash around May 20, 2009, 1 million won in cash around June 8, 2009, and 2 million won in cash from the victim on or around October 26, 2009, and wired it to each of the Defendant’s deposit accounts on or around September 25, 2009, respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. The victim who has made the legal statement of the witness D.

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