(영문) 광주지방법원 2016.07.07 2014고단3084

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(영문) 광주지방법원 2016.07.07 2014고단3084

사기

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Defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above sentence shall be suspended for a period of four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

"2014 Highest 3084"

1. On August 12, 2012, at the office located in Seo-gu in Gwangju-gu, Gwangju-gu, the Defendant stated that “The victim D would be able to receive a large amount of interest if there is any money,” and the victim D would receive interest at 5% per month, and 0.5% per month will be received separately from the debtor under the pretext of acceptance and repair.”

However, even if the defendant receives money from the injured party, he/she only thought that he/she used or lent the money to the third party without interest, and there was no intention or ability to pay interest on the money to the third party.

Nevertheless, the Defendant received from the injured party a total of KRW 10,00 won check, KRW 6,50,000, KRW 1000 from the injured party, KRW 3,000, KRW 1000,000, KRW 3,000, KRW 3,000, KRW 100,000, KRW 2,000.

2. On October 31, 2012, the Defendant told the said victim to be called “on the face of a loan of 35 million won, the Defendant would cancel the senior collateral security and make a clean provisional registration by leaving the phone to the said victim.”

However, even if the defendant borrowed money from the injured party, the defendant did not have the intention or ability to make a provisional registration to the injured party after cancelling the senior collateral security.

Nevertheless, the Defendant received 35 million won from the injured party through the F account, which is the seat of the Defendant, under the pretext of borrowing money from the injured party on the same day.

3. On December 14, 2012, the Defendant told the said victim that “If he/she lends money to a person in need of money, he/she would lend money to him/her and pay interest to him/her.”

However, even if the defendant borrows money from the damaged person, the defendant did not have an intention or ability to continue to lend it to another person and pay interest.

Nevertheless, the defendant is the name of the victim on the same day.

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