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(영문) 대전지방법원 2015.09.15 2015고단1178
사기
Text

A defendant shall be punished by imprisonment for six months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

Although the Defendant operated D from October 201 to April 2013, 2013, the monthly amount of fixed expenditure, such as workers’ wages, was less than income, and there was property owned by the Defendant, Seo-gu, Daejeon, Seo-gu, Daejeon, 111 Dong 102, but there was no intention or ability to repay money even if personal debt, such as financial institutions loans, exceeds the above apartment market price.

1. Fraud against the victim C;

A. On October 13, 2010, the Defendant: (a) falsely stated that “G clothes store” located in Daejeon-gu, Daejeon-gu, would be repaid to the victim C within three months, including D Workers’ Personnel Expenses, if the Defendant borrowed KRW 15 million to the victim C; and (b) obtained KRW 15 million from the victim and acquired it by defrauded.

B. On November 25, 201, the Defendant, at the Defendant’s house located in Seo-gu, Seo-gu, Seo-gu, Daejeon, 111 Dong 102, stated that “If money, such as D workers’ personnel expenses and the cost of goods, is required to be paid up to May 25, 201, the Defendant would pay 10 million won and pay 3 additional interest every month,” he/she acquired 10 million won from the victim, thereby defrauding the victim.

C. On January 24, 2012, the Defendant, at the Dong-gu Daejeon District Office, called “A, if the Defendant borrowed KRW 15 million to purchase machinery in D, he/she would have to pay 15 million monthly interest within five months.” On February 24, 2012, the Defendant received KRW 10 million from the victim immediately and acquired KRW 5 million from the Han Bank, which was located in the Dong-gu Daejeon District Sports.

Around June 2012, the Defendant issued KRW 5 million to the victim C in front of the apartment, stating that “The Defendant shall wear up KRW 20 million a fake machine from D to KRW 70 million, so he/she shall be repaid within 4-5 months if he/she borrowed KRW 20 million,” and that he/she shall immediately receive KRW 15 million from the victim. The Defendant received KRW 5 million prior to the agricultural cooperatives located in Busan-dong, Daejeon-gu, Daejeon.

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