Text
Defendant
A Imprisonment with prison labor for one year, and for six months, each of the defendants B.
, however, the defendant from the date of this judgment.
Reasons
Punishment of the crime
1. Around April 28, 2015, Defendant B made a false statement to the victim E as follows: “The victim E is obliged to pay 10,000 won,00 won, which is due to the fact that the victim would have received the new payment.”
However, the Defendant did not have the right of redemption or other right of redemption, and the Defendant thought to use the money as living expenses, etc. under the circumstance that the obligation reaches KRW 100 million, and thus, there was no intention or ability to repay the money normally even after borrowing it from the victim.
Nevertheless, the Defendant, as such, by deceiving the victim, received KRW 10,00,00 from the victim on May 13, 2015, in the vicinity of the F, Jincheon, the Defendant received from the victim the delivery of KRW 1,00,00 as the name of the trustee of the right
Accordingly, the defendant acquired 10 million won from the victim.
2. Defendant A
가. 피해자 G에 대한 사기 피고인은 2015. 4. 14.경 충북 진천군 C건물 D호에 있는 A 운영의 법당에서 피해자 G에게 “급하게 돈이 필요하다. 법당을 옮기기 위해서 진천군 덕산면에 있는 땅을 샀는데, 은행에 대출신청한 것이 내일 모레쯤 나올 것 같다. 땅 주인이 급하게 땅값을 달라고 하는데 현금이 없다. 보험 약관대출을 받아서 돈을 빌려주면, 곧 은행에서 대출금이 나올 테니 바로 돈을 갚겠다”라고 거짓말을 하였다.
However, there is no fact that the Defendant purchased the land, and that the Defendant intended to use the money in full, so even if borrowing the money from the victim, the Defendant did not have the intention or ability to pay the money normally.
Nevertheless, the defendant deceivings the victim as such and obtained 12 million won as the borrowed money from the victim and acquired it by fraud.
B. On June 5, 2015, the Defendant, against the victim E, incurred a fixed-term arrears to the victim E from the building C, Jincheon-gun, Chungcheongnam-gun, Chungcheongnam-do.