(영문) 서울북부지방법원 2015.08.17 2015고단1174

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자간(%)

(영문) 서울북부지방법원 2015.08.17 2015고단1174

사기

Text

A defendant shall be punished by imprisonment for one year.

except that 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. Around January 20, 2009, the criminal defendant against the victim C made a false statement to the effect that "E" shall be the victim C with the "E" in the "E, operated by the defendant in Dongdaemun-gu Seoul Metropolitan Government, to the effect that "If expenses for the Taekwondo place are needed. If five million won is lent, it shall be repaid with the operation of the Taekwondo place."

However, from 2006 to 10 million won, the above Taekwondo field was overdue due to the operation of the enemy, and around April 2007, in order to raise operating expenses of the Taekwondo place, he joined the guidance for the operation of the victim and received the guidance, but did not pay it properly. The defendant was liable for the F around December 2007, and the defendant did not have any intent or ability to pay it even if he did not borrow money from the victim because he did not have any property or profit.

As such, the Defendant deceptioned the victim, and acquired 5 million won from the victim on the same day.

2. Around April 10, 2008, the criminal defendant against the victim G made a false statement to the effect that "the creditor borrowed KRW 10 million from the victim's house located in Dongdaemun-gu Seoul Metropolitan Government H, and the creditor's husband becomes aware of it shall be repaid. If the creditor lends KRW 10 million, the following month will be repaid."

However, as above, there was a debt amounting to KRW 70 million, and there was no profit due to the failure to properly operate the Taekwondo hall, and even if the payment was not made by the above C, it was subscribed to the fraternity for the purpose of repaying the above fraternity around April 2008, but eventually, the said fraternity was not paid. Thus, there was no intention or ability to repay the said fraternity even if it was borrowed from the victim.

The Defendant, as such, deceiving the victim and received KRW 10 million on the same day from the victim, from that time until July 2008.

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