(영문) 대구지방법원 2019.05.16 2018고단3846

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(영문) 대구지방법원 2019.05.16 2018고단3846

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

Reasons

Punishment of the crime

The defendant is between the victim B and the dong line.

1. Around 19:00 on January 20, 2016, the Defendant made a false statement to the effect that “A person who borrowed KRW 100 million from a financial institution shall receive a loan from a financial institution, he/she shall receive a return after making an investment in another place. A person shall pay interest at the interest rate on a financial institution, and shall pay a separate interest rate of KRW 2.5 million each month as interest, and shall pay a principal of KRW 100 million until February 18, 2017.”

However, in fact, the Defendant was plans to use money in return for the repayment of its existing obligation, rather than making investments in other locations by lending money from the victim, and even if he/she borrowed money from the victim, he/she did not have the intent or ability to pay the principal until February 18, 2017, by paying interest equivalent to KRW 2.5 million per month to the victim.

The Defendant received from the victim each remittance of KRW 49 million around February 3, 2016, KRW 22 million around the 11st day of the same month, KRW 15 million around the 12th day of the same month, and KRW 9 million around the 16th day of the same month, using one bank account in the name of the Defendant’s wife D, respectively.

In this respect, the defendant deceivings the victim and obtained a total of KRW 95 million.

2. Around May 26, 2016, the Defendant made a false statement to the effect that “If he/she lends a card, he/she shall receive cash services, etc. and use it for the payment of interest paid to him/her, etc., and he/she shall pay the card price after one month.”

However, in fact, the Defendant was liable for the amount equivalent to KRW 300 million at the time, and the interest on the existing obligation is not sufficient to pay the amount normally, and even if the Defendant borrowed the credit card from the victim and used it, there was no intention or ability to pay the credit card after the month.

The defendant belongs to this.

유사 판례

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