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(영문) 수원지방법원 평택지원 2019.08.23 2019고단551
사기
Text

Defendant shall be punished by imprisonment for a term of one year and ten months.

Reasons

Punishment of the crime

[Fraud against Victim B] On October 2016, the Defendant stated that “The Defendant would recover credit if he/she borrowed money, and pay money borrowed within six months” to the victim B, who is a member of Pyeongtaek-si International Motor Vehicle Register located in Pyeongtaek-si, Pyeongtaek-si.”

However, even if the defendant borrowed the above money from the victim, most of the above money was the defendant's intent to repay the money or bonds borrowed from the defendant to the beneficiary, or to use it for personal gambling, and the defendant did not have any intention or ability to recover credit and pay the money to the victim within six months.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 40,000,000 in total from the victim around November 15, 2016 and KRW 189,000,000 in total from November 29, 2016, from the victim’s account under the name of the Defendant.

After all, the defendant was given property by deceiving the victim.

【Fraud against Victims E】

1. On May 31, 2017, the Defendant entered into a false statement stating that “A victim E, who is a partner of the same workplace, intends to obtain reimbursement of KRW 20 million from B, who is first repaid all of the bank loans to B, must recover credit rating and obtain a loan again in the name of B. If he/she lends KRW 90 million necessary for credit recovery, he/she will use and repay it for a period of three months.”

However, in fact, the Defendant had a large number of obligations, such as approximately KRW 170 million in bank notes, KRW 150 million in loan companies, and KRW 150 million in loan and money borrowed from the other parties. Even if the Defendant borrowed the above money from the victim, he/she had the intent to use part of the borrowed money as gambling funds after he/she temporarily repaid the debt owed to the other lending companies (hereinafter “the so-called “the so-called lending”).

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