(영문) 서울북부지방법원 2018.05.25 2018고단844

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(영문) 서울북부지방법원 2018.05.25 2018고단844

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

The defendant shall pay 134,830,000 won to the applicant by fraud.

Reasons

Punishment of the crime

[2018 Highest 844]

1. On January 8, 2008, the Defendant called the victim D and used a large number of bonds by phoneing the victim D around January 8, 2008.

The Court stated that a person who would pay money would not pay the principal, including interest, by setting up bonds to those who want to receive money.

However, at the time, the Defendant was thought to use the debt as interest, debt repayment, and other living expenses due to the difficulties of living such as considerable of KRW 250 million, etc., and even if he received money from the damaged person from the beginning, he did not have the intention or ability to pay interest and to pay the principal.

Defendant deceiving the victim as above and received KRW 2 million from the victim on January 9, 2008 at the long-distance street of Jung-gu Seoul, Jung-gu, Seoul to receive KRW 6,00,000 from the victim. From then on October 24, 2008, the Defendant obtained a total of KRW 190,740,000 from the victim on a total of 99 occasions, such as the list of crimes in the attached list of crimes.

[2018 Highest 1200]

2. On December 2012, the Defendant stated that the Defendant would pay the 7th floor of Dongdaemun-gu Seoul Metropolitan Government FM building 'G cosmetics' to the victim H in the amount of KRW 200,000 per month every 20,000 per month on credit, “Skin, fashion, nutrition, etc.” to the victim H.

However, as the defendant bears a large number of obligations, the defendant did not have the intention or ability to pay the price even if he received cosmetics from the injured party.

The defendant deceivings the victim as above, and i.e., by the victim, he obtained cosmetics equivalent to the total market value of 2,490,000 won from the victim.

3. On April 2013, the Defendant loaned KRW 1.5 million to the victim H in Dongdaemun-gu Seoul, Dongdaemun-gu, to the victim H, “The Defendant would lend money to the victim H in the amount of money needed to pay.”

However, due to the fact that the defendant bears a number of debts, the amount of money is from the victim.

유사 판례

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