beta
Text
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
Punishment of the crime
[2015 Highest 1310] On May 15, 2014, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for four months at the Cheongju District Court for fraud, and the judgment became final and conclusive on the 23th of the same month.
1. Around May 20, 2010, the Defendant was guilty of KRW 70 million with respect to B, and on May 20, 2010, the victim B borrowed KRW 70 million from the D church located in Seocho-gu, Seo-gu, Seo-gu, Seo-gu, Cheongju to the victim B. If the Defendant did not pay the money, he/she was divorced due to money.
Article 70,000,000 won was loaned, and thus, the payment is to be made 20 days later.
However, in fact, at the time, the Defendant had approximately KRW 100 million personal debt due to the bonds at the time, and the director of the E-cafeteria in charge of accounting has been working, and in order to raise funds for the restaurant operation, the Defendant did not have any intent or ability to repay the above loan within the period agreed even if he borrowed money from the damaged party due to excessive interest expenditure without any specific income in excess of KRW 1 billion.
The Defendant received KRW 70 million from the damaged party to the Agricultural Cooperative Account in the name of Defendant F, under the pretext of borrowing money.
Accordingly, the defendant acquired financial benefits by deceiving the victim.
[2015 Highest 1613]
2. The Defendant’s 25,311,393 fraud against G refers to the fact that the Defendant did not have any particular property or income, and even if he borrowed or used a card from others, he/she did not have any intent or ability to repay the money, but he/she received or used the credit card of the victim at least 25,311,393 won in total from the injured party on March 21, 2008, including that he/she received KRW 5 million from the injured party on the same day as the borrowed money from the injured party on the same day, from around March 22, 2013.
This is the defendant.