(영문) 서울동부지방법원 2016.02.19 2015고단1426

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(영문) 서울동부지방법원 2016.02.19 2015고단1426

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On February 12, 2015, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Seoul Northern District Court, and the said judgment became final and conclusive on July 17, 2015.

[Criminal Facts]

1. The Defendant, around September 2009, lent money to the victim C who had a relationship with the Defendant at the modern department store neighboring cafeteria Dong-dong, Gangdong-gu, Seoul, with the mutual influent restaurant, “if the Defendant is an internal agricultural employee, and the present benefit passbook is seized, he will be paid back later.

“The phrase “ was false.”

However, the defendant did not have worked as agricultural personnel, and even if he borrowed money from the injured party, he did not have the intention or ability to pay the money.

Accordingly, the Defendant, as seen above, was accused of the victim and received KRW 2,250,00 from the victim on October 2009.

2. On March 2010, the Defendant borrowed the victim’s death-related compensation lawsuit expenses, living expenses, such as food expenses, and down payment for the lease of the house to the victim at a minor place, and the Defendant would pay the victim with the deposited money if the above damage compensation litigation case is resolved well.

A false statement was made.

However, in fact, the Defendant did not have to receive the deposited money due to the absence of the foregoing litigation case, and there was no property owned by the Defendant, and the victim already bears the obligation to pay approximately KRW 10 million to the injured party. Therefore, even if he borrowed money from the injured party, there was no intention or ability to pay the deposited money.

Accordingly, the Defendant, as seen above, by deceiving the victim and deceiving the victim from the victim from March 28, 201 to December 15, 201, obtained a total of KRW 12,101,000 through 42 times from the victim, such as the previous list of crimes (2).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and D;

1. Statement made by the prosecution against C;

1. Statement made by the police with regard to C;

1. The inquiry of transaction details, the statement of borrowed money, the copy of the loan certificate, and the like.

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