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(영문) 서울서부지방법원 2017.01.25 2016고단2672

사기

Text

Defendant

A Imprisonment with prison labor for eight months and for ten months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

Defendant

A is the representative director of C, and Defendant B actually operated the above company as the general president of the above company, and the victim D is the non-standing vice-chairperson of the above company.

When the above C’s operating fund was needed, the Defendants had the intent to lend money from the injured party, but the victim had already been aware that he did not lend money to the above company any longer by investing KRW 50 million in the above company. The Defendants solicited the Defendant to borrow money from the injured party as if the Defendant Company personally borrowed money.

Accordingly, on June 9, 2011, Defendant A borrowed 90,000 won to the victim at the office of the above company in Yongsan-gu Seoul E-2, Yongsan-gu, Seoul.

By combining KRW 10,00,000 and borrowing KRW 100,000,000 shall be paid as interest per month, and the borrowed amount shall be repaid at any time.

It is false that Defendant B would be free from lending money to the victim by lending the deposit used by an attorney-at-law office and making an investment by receiving interest at around that time.

“A false statement was made to the effect that it was “.”

However, the above money is not borrowed by Defendant A, but it is assumed that Defendant A was paid 20 million won as the repayment of money invested in the above company, and that the remaining 70 million won was used as the operating fund such as repayment of the company's debt. The above company had no particular profit since it was early its establishment. The Defendants did not have any particular property or income at the time of its establishment, and there was no intention or ability to repay the money even if they were to borrow money from the injured party.

The Defendants received 90,000 won from the injured party to the Han Bank account in the name of Defendant F, the wife of Defendant A on the same day.

As a result, the Defendants conspired to receive property from the injured party.

Summary of Evidence

1. Defendants’ respective legal statements 1.