(영문) 서울중앙지방법원 2016.06.23 2015고단5539



A defendant shall be punished by imprisonment for one year.


Punishment of the crime

The Defendant operated “C” as a golf loan sales chain from around 2002 to around 2006. From around 2006 to around 2010, the Defendant was the representative director of “D” in the Japanese golf loan import and sales chain, and the representative director and the chief director of “D” in the CCTV operation development company from around 2009 to around 2014, and from around December 201, the Defendant was the former director of “D” in the lusty program development company from around 2009 to the present.

1. The Defendant, on January 16, 2009, borrowed money, by telephone, to the victim G who operates a store selling sports supplies. “Around January 16, 2009, the Defendant would promptly repay the borrowed money to the victim G by telephone.”

“Along on the 19th day of the same month from the injured party, he/she received KRW 900,000 from the injured party to the bank account of H’s bank account in the same month and received KRW 66,240,000 in total, as shown in attached Table 1, from November 3 of the same year until November of the same year.

However, from June 2005, the Defendant borrowed KRW 150,000,000 from the other party and sold the Japanese golf loans from the other party in around 2008. However, since around 2008, the business and the financial status have deteriorated due to the deterioration of the economy, the increase of the exchange rate, the golf loans lawsuit, etc., the Defendant failed to pay employees' wages and retirement allowances from July 2008. The company’s deposit account was seized since around October 2008 because of the failure to pay the interest on the Defendant’s personal credit loans from around 2009, and due to the bad credit holder’s failure to pay the interest on the Defendant’s personal credit loans from around January 2009, the Defendant did not have the ability to properly repay the loans from the damaged party.

As such, the Defendant was given a total of KRW 66,240,000 over 17 times by deceiving the victim.

2. The Defendant who used a credit card is in the Gangnam-gu Seoul Metropolitan Government calendar-dong on December 2, 2008.