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(영문) 인천지방법원 2014.05.14 2013고단7001
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On August 19, 2011, the Defendant: (a) stated that “A victim C shall seek a room between the former husband and her husband at the office of the Defendant’s head of Nam-gu, Incheon Metropolitan City D and B, 507, and Dong 507; and (b) that “A money should be given to the former husband if he/she lends KRW 5 million to the former husband.”

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

The Defendant, as such, by deceiving the victim, received KRW 5 million from the victim’s account in the name of Nonghyup (F) in the same day.

2. Around September 30, 2011, the Defendant, on September 30, 201, called “Around September 30, 2011, the Defendant phoneed the victim at the home of the Defendant as set forth in the foregoing paragraph (1) to the effect that “I do not have any hospital expenses to have been hospitalized in the hospital. I would have to pay back the money upon her husband’s work.”

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

The Defendant, by deceiving the victim as such, received KRW 1 million from the victim’s account in E’s name, and received KRW 4 million on October 3, 201, each transfer of KRW 5 million in total from the victim’s account in E’s name.

3. On September 201, 201, the defrauded around the end of September 201, the Defendant told the victim at the Defendant’s house as stated in the foregoing Paragraph (1) that “I want to share with the G multi-stage sales day that I want to purchase multi-stage goods and pay the price normally if I borrowed a credit card,” and that I would lend one credit card to the victim at the same place on October 201, at the same time as “I want to pay the pre-existing national card. I will pay the credit card normally.”

However, even if the defendant receives a credit card from the victim, he/she may obtain a credit card loan or use it for the defendant's living in addition to purchasing multi-stage items using it.

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