(영문) 수원지방법원 안양지원 2015.11.19 2015고단1200

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(영문) 수원지방법원 안양지원 2015.11.19 2015고단1200

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

Part of the facts charged shall be revised and supplemented without following changes in indictment to the extent that it is deemed that the identity of the facts charged is recognized and that there is no concern about the substantial disadvantage of the defendant to exercise

1. On August 31, 2012, the Defendant stated that “The Defendant would pay 100 million won to the victim E, who lent the money to the president of the F cafeteria located in Gangnam-gu, Seoul, to the victim E at the Ansan-si’s Real Estate Office No. 103, and that the money would be repaid immediately if the money would be lent to the short-term vehicle.”

However, the defendant was in a situation where it is difficult to obtain loans from financial institutions due to the fact that financial institutions and bond holders have a debt of KRW 100 million.

Therefore, even if the defendant borrowed money from the victim, he did not have the intent or ability to repay it.

The Defendant, by deceiving the victim as such, shall receive from the victim the passbook and seal from the Industrial Bank of Korea on the same day, and shall prohibit the victim from withdrawing KRW 1.4 million.

9. On October 26, 199, the Defendant received KRW 1 million from the national bank account under the name of the Defendant, and, on the other hand, around October 26, 200, the said passbook and seal were collected from the victim and collected KRW 1.5 million.

2. On December 12, 2012, the Defendant stated, at the same place as indicated in the preceding paragraph, that “A bond business operator shall pay KRW 10 million to the same victim immediately if it is difficult to conduct a business if he/she borrowed money from the office.”

However, in fact, if the defendant borrowed money from the victim, he had the intention to use it as compensation for damages to others, and if it is true that it is true, the victim should not lend money, and it was false.

In addition, the defendant did not have any intent or ability to pay the money even if he borrowed money from the victim due to the situation described in the preceding paragraph.

The defendant deceivings the victim as such, and thereby, is a national bank account under the name of the defendant.

유사 판례

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