서울동부지방법원 2018.08.14 2017고정1748



Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.


Punishment of the crime

On December 31, 2015, the Defendant loaned KRW 10 million to the victim E (the 56-year-old) at the D's office located in Jung-gu Seoul, Seoul, to the D's office, the Defendant: (a) repaid to April 15, 2016, and (b) transferred the claim for return of KRW 10 million out of the monthly rent deposit of Seongdong-gu, Seoul and 102, 100,000,000,000 won, which currently resides in order to secure the obligation; and (c) borrowed KRW 10 million from the damaged party on the same day.

However, at the time of fact, the Defendant had to pay interest equivalent to about 30 million won on the bonds and financial rights, and the Defendant had no intention or ability to repay the money borrowed from the injured party by means of the lending from the injured party on April 15, 2016. Although the Defendant had a claim for the refund of the lending deposit, there was no intention to transfer the claim against the injured party about 10 million won out of the bonds.

As a result, the defendant deceivings the victim and was immediately given 10 million won from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness E and G;

1. Application of Acts and subordinate statutes to inquire about the certified copy of a process deed and details of transactions;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. In light of the fact that there is no record of criminal punishment against the defendant for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act, and the sentencing conditions indicated in the trial of this case, such as the amount actually received by the defendant, the punishment as ordered shall be determined.