(영문) 서울중앙지방법원 2018.10.25 2018고단3606

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(영문) 서울중앙지방법원 2018.10.25 2018고단3606

사기등

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On August 31, 2015, the Defendant reported the marriage with the victim B, and the victim filed a divorce lawsuit with the Seoul Family Court on January 4, 2018, and is currently in trial.

1. Fraud;

A. On August 11, 2014, the criminal defendant against the deposit money for the lease on apartment rent was to obtain a loan from the victim at an infinite site, “The amount of KRW 360,000,000,000 of the deposit money for the lease on apartment rent in Seocho-gu Seoul Metropolitan Government, which is to live after marriage, is required. The amount of KRW 180,000,000,000,000,000,000,000,000,000 won, which is currently living in office.

“.....”

However, at the time, the rent deposit of an officetel was only KRW 18 million, and even if the defendant was liable for financial rights equivalent to KRW 100 million and received KRW 100 million from the injured party, the defendant did not have the intention or ability to use the rent deposit for the apartment house. After leasing the apartment house equivalent to KRW 30 million, the remaining money received from the injured party was a plan to use it for the repayment of the defendant's obligation.

Nevertheless, on August 11, 2014, the defendant deceivings the victim as above and transferred KRW 100 million to the E bank account in the name of the defendant as the deposit money for the lease on a deposit basis to the victim.

B. On December 18, 2014, the Defendant said that “The Defendant, at an influent place, said that “The Defendant was required to pay KRW 80,000,000,000 that was loaned to prepare for the deposit for the lease on a deposit basis” to the victim.

However, the Defendant did not have leased apartment houses with a deposit of KRW 360 million and did not have received a loan of KRW 80 million in order to raise the deposit for the deposit for the lease on a deposit basis, and was planned to use it for the settlement of the credit card by the Defendant with money from the injured party.

Nevertheless, the defendant deceivings the victim as above and thereby, he/she is liable for the repayment of the loan from the victim.

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