(영문) 인천지방법원 부천지원 2015.07.24 2015고단1208

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(영문) 인천지방법원 부천지원 2015.07.24 2015고단1208

사기

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

Reasons

Punishment of the crime

1. On January 3, 2014, the Defendant made a false statement to the victim G who became aware of “F,” which is a household store operated by the Defendant located in the E Hospital located in Seoul Special Metropolitan City, Nowon-gu, as a consumer store, with the store’s customer, “I wish to pay money on a monthly basis, to return the deposit as well as to pay the deposit money.”

However, at the time of fact, the Defendant did not reside in the full-time and did not have a monthly deposit. At the time, the Defendant did not have any obligation equivalent to KRW 14 million and did not have any specific property and did not have any intent or ability to complete the payment as promised even if he borrowed the above money from the victim.

Nevertheless, the defendant deceivings the victim as above and acquired the cash of KRW 60 million from the victim on the same day.

2. On June 2014, the Defendant made a false statement to the victim G’s house located in Seoul Special Metropolitan City, Nowon-gu H building B01 that “I would pay 20 million won to the victim in the family of the victim, “I will pay 20 million won in the family of the family of the family of the family of the family of the family of the family of the family of the family of the family of the family of the family of the family of the family of the family of the family of the family of the family of the family of the Gu, and if I would not pay the money, I will pay 20 million won in the family of the family.”

However, at the time of the fact, the Defendant expanded the store of living goods as stated in Paragraph 1 and opened the store of living goods in the name of “J” to “J,” and at the time, the Defendant was unable to pay the employees’ benefits to the store in the above I, and the amount of the goods to be paid to the Customer was 300 million won, and the amount of the goods was not recovered among the customers, and even if there was no particular property, there was no intention or ability to complete the payment as agreed by the victim even if he borrowed the above money from the victim.

Nevertheless, there is a need to do so.

유사 판례

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-서울중앙지방법원 2013.06.19 2013고합394