(영문) 서울남부지방법원 2012.12.11 2012고단3983

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(영문) 서울남부지방법원 2012.12.11 2012고단3983

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Fraud against the victim C;

A. A. The Defendant, around July 201, at the Yeongdeungpo-gu Seoul Metropolitan Council member Down-gu, said that “If 30 million won is invested in the real estate auction company, 2.5 million won will be paid interest.” The principal would be returned to the victim C before two months if necessary.” However, the fact was that the Defendant had no particular property at the time, but operated the restaurant in the name of “E” but the Defendant was at the time, but the obligation was at least 60 million won, and the medical insurance premium was not paid properly, and there was a bad financial standing to the extent that the passbook would be attached. As such, the Defendant did not have any intent or ability to pay the money even if the Defendant received the money from the victim.

Ultimately, the Defendant deceivings the victim as above, and thereby, from the victim on August 18, 201, KRW 5,000,000, around August 18, 201.

9. Around May 1, 900 won, around 16th of the same month, around 2,00,000 won, around 12,000,000 won on the 26th of the same month, around 100,000 won on the 10th of the same month, and 3,000,000 won on the 10th of the same month, and 30,000,000 won on the 10th of the same month.

B. Around October 15, 2011, the Defendant stated that “DD Council members” referred to as “A victim C to pay 5 million won in lieu of each month if he/she lends 5 million won to the E restaurant opening cost as he/she needs to pay 5 million won as the card loan.”

However, the fact was that the defendant had no particular property as above and operated a restaurant with the trade name of "E", but the defendant was hostile, and the debt was up to 60 million won and the medical insurance premium was not paid properly, and there was a lack of financial status to the extent that the passbook would be attached, and as such, the defendant made a false statement to the victim and used the money for the repayment of the defendant's personal debt, etc., and even if the money was received from the victim, there was no intention or ability to repay it.

Ultimately, the Defendant is above.

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