(영문) 춘천지방법원 강릉지원 2015.04.23 2014고단427

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(영문) 춘천지방법원 강릉지원 2015.04.23 2014고단427

사기

Text

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

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. On June 29, 2007, the criminal defendant against the victim B told the victim B to pay the amount of oil up to KRW 40 million by borrowing money from the money to the victim E- station operated by the defendant in Gangnam-si. The defendant borrowed KRW 10 million from the money to the victim B.

However, at the time, the Defendant paid KRW 10 million to F and KRW 25 million to C, and the Defendant did not have any intent or ability to pay the principal, even if he borrowed money from the victim because he did not pay the principal with the profits of the principal and did not pay the interest.

Nevertheless, the Defendant received cash of KRW 10 million from the victim, namely, at the seat, as a loan, and acquired it by fraud.

2. On June 2007, the Defendant against the victim F, at the victim F’s house located in Gangnam-si G on the early 2007, stated that “The Defendant borrowed money from the victim’s house located in Gangwon-si, which is short of the oil purchase amount. The gas station operated by the Defendant is assigned to the road to receive compensation, and thus, paid the compensation.”

However, there was a fact that the Defendant received compensation of KRW 21.75 million around April 2005, but it was not possible to know whether the remainder of the gas station site was incorporated into the road. The personal liability amounting to KRW 700 million as stated in Paragraph 1, and even if receiving compensation, there was no intention or ability to repay the money borrowed to the victim.

Nevertheless, the Defendant received 8.5 million won in cash from the victim, i.e., at the victim's seat, as a loan, and obtained 8.5 million won in cash around the end of July 2007 and acquired 9.355 million won in total.

Summary of Evidence

1. Each police statement made to B, C, and F;

1. Application of each statute on filing of a complaint;

1. Article 347(1) of the Criminal Act concerning the pertinent criminal facts as well as the choice of punishment;

참조조문

-형법 제347조 제1항

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