(영문) 서울서부지방법원 2013.03.06 2011고단2569

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(영문) 서울서부지방법원 2013.03.06 2011고단2569

사기등

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2011 Highest 2569"

1. Around September 13, 2007, the criminal defendant against the victim C said that, at the preceding office of Jongno-gu Seoul Metropolitan Government Jongno-gu D Prize, "only 30 million won is urgently required to pay the victim C, and the interest will be paid in five copies per month."

However, there was no value as security for 100 million won, and it was difficult to operate the enterprise, and there was no intention or ability to pay interest and principal to the victim when the victim was made due to other debts.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 30 million from the victim for the same day as the loan.

2. Fraud against victim F;

A. On August 18, 2009, the Defendant stated that “The Defendant would purchase 100 copies of five parts of five parts of five parts of five parts of five parts of five parts of five parts of five parts of five parts of five hundred won in the victim’s coffee shop in Jung-gu Seoul, Jung-gu, Seoul. The Defendant would sell the goods and offer the principal and profit of four million won within ten days because the person was prepared to kill the main goods.”

However, the Defendant had been unable to operate the company at the time and had other liabilities, and had no intention or ability to pay 4 million won to the victim by selling the above goods within 10 days.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 40 million from the victim to the Agricultural Cooperative Account of the Defendant on August 19, 2009.

B. Around August 20, 2009, the Defendant told the victim F to the G factory in Jung-gu Seoul Metropolitan Government, that “The Defendant shall sell the three fingers, which he/she has, on his/her own face, in gold with KRW 12 million. If he/she fails to sell, he/she shall return it immediately.”

However, the defendant had no intention or ability to return to the victim by selling the above Damond. 12 million won.

Nevertheless, the defendant is identical to this.

유사 판례

-대법원 2002. 3. 29. 선고 2001도6550 판결

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