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Reasons
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(영문) 서울동부지방법원 2012.11.15 2012고단459
사기등
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Fraud;

A. On October 7, 2010, the Defendant, at the victim’s office located in Gangnam-gu Seoul Metropolitan Office 402, ordered the victim E, who is an employee of the victim, to purchase the pictures and release on bail in Mapo-gu F, with the intent that “The Defendant would make the victim, an employee of the victim, purchase the pictures and release on bail. As the purchase fund falls short of 70,000,000 won, if the purchase fund borrowed KRW 70,000,000, it would be offered as security and repaid to KRW 140,000 after one week.”

However, G had already been filed for a provisional registration on October 9, 2008 with H on the grounds of sale and purchase on the grounds that it had already been filed on October 9, 2008, and there was no collateral value. The Defendant did not have any intent or ability to repay the said money even if he borrowed the said money from the victim because there was no particular property or income other than KRW 30,00,000,000.

Nevertheless, the Defendant received 70,000,000 won from the victim to the Agricultural I Account under the name of the Defendant on the same day.

B. The Defendant around October 20, 2010 No. 1-A.

At the office of the victim mentioned in paragraph (1), the victim stated to the effect that “Ig of 500,000 won (per 20,000,000 won) is secured by another person. If Ig of 700,000 won (per 700,000,000 won) is leased, I would like to recover Ig and repay Ig of 70,000 won (per 70,000,000 won) before Ig of her arms.”

However, it was only a high-value high-ranking tree, and there was no fact that it was offered as security to others, or that it was scheduled to trade it. The Defendant was thought to use it for personal purposes, such as living expenses, when receiving KRW 20,000,000 from the victim.

Nevertheless, on the 22th day of the same month from the victim, the defendant was in the above false manner, with the agricultural cooperative account under the name of the defendant, 20,000.

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