(영문) 청주지방법원 2012.10.10 2012고단1146

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(영문) 청주지방법원 2012.10.10 2012고단1146

사기등

Text

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

Reasons

Punishment of the crime

1. Fraud;

A. A. Around August 28, 2008, the Defendant made a false statement to the effect that “Around August 28, 2008, the Defendant called the victim D by phoneing to the victim at a non-permanent place (hereinafter referred to as “the victim would have been repaid with the interest of 3 to 4 months if the construction cost is insufficient and the construction cost is leased.”

However, the Defendant, at the time, was in a situation in which it was impossible to lend a loan of KRW 160 million to a financial company, such as the Korea Credit Guarantee Fund, at the time, at a more financial institution, and was in a high interest rate of KRW 10 million, and the economic situation was not high due to the transaction company’s failure to make a proper settlement, and thus, some of the Defendant borrowed money from the victim to use it as repayment of the above high interest rate bonds and living expenses, and there was no intention or ability to repay the borrowed money to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, was transferred KRW 26 million from the victim’s new bank passbook (Account Number E) around August 29, 2008 to the Defendant’s new bank passbook.

B. Around July 2009, the Defendant called the victim D at a Cheongju-si (hereinafter referred to as “Cheongju-si”) and did not yet pay the money that he borrowed from the customer as it was well known to the customer. However, the Defendant made a false statement to the effect that “The Defendant would have to pay the money that he borrowed to the victim with the money that he borrowed until the police officer around December 2009, upon completing the construction work if it was more than 30 million won.”

However, as seen above, the Defendant was unable to provide a loan to a financial company more than KRW 160 million due to the loan to the financial company, and the economic circumstances were not very good due to the failure to pay the construction cost of KRW 150 million due to the failure to pay the construction cost on January 2009, which was the contractor. Therefore, even if the Defendant borrowed money from the victim, the Defendant did not have the intent or ability to pay it to the victim.

Nevertheless, the Defendant.

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