(영문) 대구지방법원 2016.10.28 2016고단2482

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(영문) 대구지방법원 2016.10.28 2016고단2482

사기

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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[2016 Highest 2482] On November 10, 2014, the Defendant made a false call to the victim J in Daegu located and made a false statement to the effect that “The Defendant would use money in a way that he/she would pay the money immediately if he/she has lent it. In addition, the Defendant would offer it as security because there is a NAS vehicle in his/her name.”

However, the defendant was thought to use money for gambling as well as no particular income at the time, and the motor vehicle under the name of the defendant was already subject to the loan and there was no real value of the collateral.

As above, the Defendant, by deceiving the victim, received KRW 1,500,000 from the victim’s account in the name of the Defendant, from that time to February 4, 2015, received total of KRW 23,900,000 from that time, including transfer of KRW 1,50,000 from the victim’s account in the name of the Defendant, until February 4, 2015.

Accordingly, the defendant was given property by deceiving the victim.

[2016 Highest 4221]

1. On January 2016, the victims K and L were aware of the victims in the course of using the beauty art room employed by the victims, with the intention of receiving money from the victims by deceiving them as if they were re-satisfying several business activities.

Around January 28, 2016, the Defendant made a false statement to the victim K, stating that “The Defendant would pay interest to the victim in excess of the victim’s house located in Daegu-gu M, Daegu-gu, with the interest of 10% per hour during the payment of the loan to the victim, if the foreign exchange bank passbook, which is used in the Republic of Korea, is located in the form of a bundled bank passbook, is located, and the interest will be repaid even within the draft of the bank.”

However, at the time of fact, the defendant had been in a situation where he had been forced to pay money to the Internet gambling from the beginning of 2015 and had no intention or ability to repay the money borrowed from the victim to the Internet gambling.

Ultimately, the Defendant is as above.

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