(영문) 청주지방법원 영동지원 2013.10.10 2013고단88

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(영문) 청주지방법원 영동지원 2013.10.10 2013고단88

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On January 29, 2004, the Defendant was sentenced to imprisonment with prison labor in the Seoul District Court for fraud, etc. and completed the execution of the sentence in the Daejeon Correctional District Court on December 18, 2004.

Criminal facts

"2013 Highest 88"

1. Around November 5, 2010, the criminal defendant against the victim C made a false statement to the victim at the home of the victim C located in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, stating, “The amount of money deposited in another person’s name should be determined by the first instance trial, but the money will be returned at that time.”

However, the Defendant did not have any particular property and income, and was under the circumstances of bad credit standing due to the Defendant’s failure to repay the existing debts, and there was no money deposited by the Defendant in another person’s name, and there was no intention or ability to repay the money even if the Defendant borrowed money from the victim.

As above, the Defendant, by deceiving the victim as above, received 6 million won from the victim under his/her pretext as the borrowed money.

In addition, from that to February 5, 2011, the Defendant deceivings the victim, such as the entry in the list of crimes in the attached Form eight times in total, and acquired a total of 67,300,000 won from the victim and acquired it by deception.

2. Fraud to victims E;

A. At around 16:00 on March 17, 2011, the Defendant made a false statement to the victim E by phone from the Defendant’s home located in Yong-do, Chungcheongnam-do, Chungcheongnam-do, that “I will complete full payment by March 25, 2011, if I lend 2 million won to the Defendant’s home to be used as an attorney-at-law fee of the detained Dong-do.”

However, even if the defendant borrowed money from the victim, he was intended to use it for other purpose than the attorney's fee, and there was no intention or ability to repay it as stated in paragraph (1).

The defendant deceivings the victim as above and borrowed money from the victim's position.

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