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Reasons
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(영문) 서울북부지방법원 2015.01.27 2014고정2460
사기
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Defendant shall be punished by a fine of KRW 1,800,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Even if the Defendant borrowed money from the Victim C, he did not have the intent or ability to repay it;

1. On December 31, 2008, in the fee parking lot located in Dongdaemun-gu Seoul Metropolitan Government Dongdaemun-gu, stating that “Isman hospital cost is necessary. If Isman hospital cost is leased KRW 2 million with interest, I will immediately repay it with interest.” The member receives from the victim the remittance of KRW 2 million from the victim to the passbook in the name of the defendant.

2. On or around January 27, 2009, the victim made a false statement to the effect that “the victim is urgently required to pay money. It shall be KRW 200,000,000,000,000,000,000,000) is remitted from the victim to the passbook in the name of the defendant;

3. On January 30, 2009, at the same time, the victim’s fire-fighting office located in Dongdaemun-gu Seoul Metropolitan Government, stating that “the director will take full charge of the house as the head of the house, and there is a lack of the money to transfer the house to the new director.” On the other hand, the victim’s money is transferred KRW 4.5 million from the victim’s name to the passbook in the name of the defendant;

4. On February 16, 2009, the victim’s paid parking lot operated by the husband of the victim in Dongdaemun-gu Seoul Dongdaemun-gu, Seoul, stating that “if materials are insufficient at the site where vagabonds is constructed, if it is leased KRW 2 million, it shall be repaid immediately if the date of the construction is well clear.” The victim received KRW 2 million from the victim to the passbook in the above defendant’s name;

5. Around March 2009, at the above location, the victim borrowed money to the victim in which the medical expenses of the Sinman Hospital are required to pay. It is false that the victim will be repaid immediately, and that the victim received KRW 2 million in cash from the victim;

6. On July 30, 2009, the victim received KRW 12.7 million in total six times from the victim, including the victim’s transfer of KRW 2 million from the victim’s name to the passbook in the name of the defendant.

Summary of Evidence

1. The defendant's legal statement (the third court date) 1.

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