수원지방법원 안산지원 2017.12.21 2017고단2731



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


Punishment of the crime

around June 14, 2012, the Defendant should put money into the victim E from “D” operated by the Defendant in Guro-gu Seoul Metropolitan Government.

Goods may be received well.

D It is one year from the loan of money to be used for the operation fund.

The phrase “ makes a false statement.”

However, at the time, the Defendant was liable to pay approximately KRW 680,000 to the financial institutions, and KRW 310,000,000,000 to the Bank, including KRW 15,000,000,000,000,000,000,000 to the Bank. The above D reported the deficit of KRW 2,000,000 every month, and the outstanding amount to the head office was in a state of bucking to cover interest of KRW 1.66,19,60,00,00 due to the bad financial standing of KRW 166,19,00,00,000. The Defendant was thought to use the money borrowed from the damaged person as personal debt, not D operating funds, so there was no intent or ability to repay the borrowed amount.

The Defendant appears to be a clerical error in attached Form 1, which appears to be “No. 14, 201..” The part “No. 14, 201......” in attached Table 1 again, which appears to be a clerical error in the “No. 1, 201.....” in this case where the Defendant only contests the Defendant’s criminal intent, as seen above, from the time on December 7, 2015, it appears to be a clerical error in the “No. 1, 2012........,” and the Defendant’s defense right to defense is not impeded even if it is corrected, as in the above case.

As shown above, 174,00,000 won was issued in total six times.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspect against each part of the defendant by the prosecution;

1. A written application;

1. The part concerning the statement of E in the police and the prosecution examination protocol against the defendant

1. Each police statement made to H and E;

1. I written notes and J statements;

1. D. D.