(영문) 수원지방법원 성남지원 2012.10.17 2011고단2074

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(영문) 수원지방법원 성남지원 2012.10.17 2011고단2074

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On June 22, 2009, the Defendant stated that “Around June 22, 2009, at the D office located in Gangnam-gu Seoul Metropolitan Government Seoul, the Victim E shall be paid 3% interest per month if he/she purchased a house to marry his/her husband and wife, needed money to register his/her house, and he/she shall pay the principal after three months.”

However, at the time of fact, the Defendant had borne a considerable amount of debt to F, etc. without any particular revenue, and even if the Defendant did not borrow money from the victim due to the lack of property in the name of the Defendant, there was no ability to repay it. Even if the Defendant’s husband G disposes of the real estate in the future, there was no intention to repay the money borrowed from the victim with the disposal price.

As such, the Defendant, by deceiving the victim, received KRW 9 million from the victim, namely, from a new bank account (J) in the name of the Defendant, and received KRW 1 million in cash from the victim around that time to the 29th day of the same month, and acquired KRW 34 million in total by the same method as shown in the annexed crime list, from around that time to the 39th day of the same month.

2. On June 29, 2009, the Defendant stated, at the place indicated in paragraph (1) around June 29, 2009, that “The Defendant would pay the amount of the card to the victim E within three months, by settling the price with a credit card in lieu of the credit card of the party, in order to purchase K 26 million won, which is a medicine from D Co., Ltd. in Korea.”

However, as stated in Paragraph 1, at the time of fact, the Defendant had borne a considerable amount of debt to F, etc. without any particular revenue, and the Defendant did not have the ability to repay the amount of medicine to be borne by the Defendant because of the lack of property in the name of the Defendant, even if the Defendant settled the amount of medicine to be borne by the Defendant by the credit card of the victim. The above H and I real estate owned by her husband G was disposed of in the future

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