(영문) 광주지방법원 2021.01.27 2020고단3125

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(영문) 광주지방법원 2021.01.27 2020고단3125

사기

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The punishment of the accused shall be determined by eight months of imprisonment.

The defendant shall take money of KRW 10,000,000,000.

Reasons

Punishment of the crime

1. Around July 15, 2019, the Defendant: (a) stated that “A 10,000,000 won is changed when the mother was hospitalized in the same walcheon-gun C Apartment-gun apartment house D before the victim’s death on July 15, 2019; (b) the Defendant borrowed KRW 10,000,000 as the her mother was in need of hospital expenses; (c) the Defendant changed the SM5 car going on and out of the NV car and the k7 car going on and out of the inside, and said 10,000,000 won will be paid in cash.”

However, even if the defendant borrowed money from the injured party, he did not have the intention or ability to repay it.

The defendant deceivings the victim as above, and thereby deceivings it, the defendant 5,00,000 won on July 15, 2019, and the same year

7. 16.2,00,000 won, and the same year;

7. A total of KRW 10,000,000, including KRW 3,000,000, was remitted to the E account (F) in the name of the accused.

2. On July 23, 2019, the Defendant: (a) sold IK7 car owned by the Defendant to the victim at the Defendant’s house located in the Namnam-gun, Namnam-gun around July 23, 2019; and (b) terminated a mortgage created on the said car to the end of the period.

However, the defendant did not have the intention or ability to terminate the mortgage established on the car even if he received the price for the car from the injured party.

As above, the Defendant deceivings the victim, and acquired 22,50,000 won from the E account (F) in the name of the Defendant with the sales proceeds of the next K7 passenger car from the victim, on the same day.

3. On June 26, 2019, the Defendant filed an application with the victim for a loan of KRW 3,00,000 with a special agreement on the redemption of principal and interest amounting to 60 months of the loan period, the interest rate of KRW 24% per annum on June 15, 2014, the maturity date, and KRW 3,00,00 with the victim using the app operated by the victim J corporation.

However, even if the Defendant received a loan from the injured party, the Defendant did not have the intention or ability to repay the loan.

The defendant deceivings the victim as above and belongs to it.

유사 판례

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