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(영문) 서울중앙지방법원 2013.05.30 2013고단864
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant, who was engaged in the wholesale and retail business in Seoul, was considered to have a big loss in the business, was liable to pay KRW 00 million, and there was no particular property or income due to the fact that the defendant paid interest of KRW 00,000 per share, and even if he received cash or net money from the victims for sale or exchange of miscellaneous money, there was no intention or ability to pay miscellaneous money to the victims.

1. At around 17:00 on August 6, 2012, the Defendant made a false statement to the effect that “When the Defendant lends KRW 100 million to the victim D from August 7, 2012 to December 12:0, 2012, the Defendant would offer KRW 100 million.”

However, in fact, when the defendant received KRW 100 million from the victim D, he was thought to repay the defendant's personal debt with such money, and there was no intention or ability to pay the victim D the amount of KRW 100 million due to such economic situation.

Nevertheless, the Defendant, as seen above, by deceiving the victim D, received KRW 100 million from the above E Bank around August 7, 2012, and acquired it by deception.

2. Around 18:00 on August 6, 2012, the Defendant made a false statement to the effect that “The Defendant would exchange the Victim G with a net gold of 2 kg per day with a gold of 2 kg at home page,” at the Famba in the operation of the Defendant located in Jongno-gu Seoul Metropolitan Government Defendant C.

However, in fact, when receiving a net money from the victim G, the defendant was thought to pay his/her personal debt by using the net money, and due to such economic situation, he/she did not have the intent or ability to exchange the victim G with net money of the same value.

Nevertheless, on August 7, 2012, the Defendant, by deceiving the victim G, received the amount equivalent to KRW 117.86 million at the net gold market price from the above FF bank, and acquired it by deception.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each police statement related to D and G;

1. The statement of the defendant;

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