(영문) 창원지방법원 2016.10.12 2016고단1118

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(영문) 창원지방법원 2016.10.12 2016고단1118

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A defendant shall be punished by imprisonment for a term of one year and four months.

The defendant 20,000 won to C who is an applicant for compensation, 130,000 won to D and E.

Reasons

Punishment of the crime

On September 27, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for habitual fraud at the Changwon District Court on September 27, 2013, and completed the execution of the sentence in the Changwon Prison on May 28, 2015.

"2016 Highest 1118"

1. On September 14, 2015, the Defendant provided a false statement to the victim J, “A must lend KRW 20 million from K to the victim J, who will lend KRW 20 million on the face of a letter of a joint and several liability guarantee to width in KRW 10 million.”

However, in fact, the Defendant had already lent KRW 20 million from K and used it, and the Defendant had a joint and several surety for the Defendant’s moving obligation at the request of K, and thus, the Defendant had no intention or ability to reduce KRW 10 million for the victim due to the lack of money to receive from K even if the Defendant had a joint and several surety.

The Defendant, from the victim on October 14, 2015, prepared a notarial deed of a loan for consumption with money from the Changwon Law Firm, which was 689, 4-4, 302, in Changwon-si, Changwon-si, Changwon-si, and had the creditor K provide joint and several sureties.

Accordingly, the defendant deceivings the victim to acquire property benefits from K.

2. Around December 12, 2015, the defrauded concluded that: (a) the Defendant’s home located in Changwon-si, the Defendant reported the Defendant’s online website purchase letters posted by the Victim L on the bulletin board of the Internet website; and (b) contacted the Defendant with the Defendant to sell the Kakaoo Pacific P-105 of Epia P-105; and (c) sent money, the Defendant sent the goods to the Defendant’s home.

However, in fact, the Defendant did not have P-105 under the Electronic P-105, and even if the Defendant received money from the victim as a result of the receipt of money, he did not have the intent or ability to send the said electronic P-105 to the victim.

The defendant shall be 400,000 won from the victim in terms of the price for the goods on the same day.

유사 판례

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