beta
(영문) 서울중앙지방법원 2016.03.31 2015고단7794

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 22, 2011, the Defendant requires the victim’s KRW 50 million from the E office operated by the victim D in Seongdong-gu Seoul Metropolitan Government around December 2, 201.

It shall be repaid within one month from the loan of KRW 50 million.

H Land may be fully repaid KRW 50,00,00,00, because the original owner-Yol high-speed steel happens, the sale of the land is well high, and the price of the land is rapidly increased, many people are waiting to purchase the land, and since the purchase of the land at a low price leaves a considerable profit.

It is also 10% of the profits.

“A false statement” was made.

In fact, the defendant was merely able to use the money borrowed from the victim to pay his personal debt, etc., and since the office rent of the defendant (State) I operated by the defendant was not paid from time to time and the mobile phone usage fee was in a bad credit condition, even if he borrowed money from the victim, there was no intention or ability to pay it.

Nevertheless, the defendant deceivings the victim as above and took over 50 million won to the corporate bank account (J) in the name of the defendant on the same day from the victim.

2. Around December 23, 2011, the Defendant borrowed money from the victim to purchase “F and G land 300 square meters in addition to “F and G land” at the place described in the foregoing paragraph 1. Around December 23, 2011, more than KRW 50 million is needed. The Defendant would pay the borrowed money by January 20, 2012.

“A false statement” was made.

In fact, the Defendant already used 35 million won out of 50 million won, which was remitted from the victim before the preceding day, for the Defendant’s personal debt repayment, etc., and there was no plan to purchase more than 300 square meters of neighboring land. Moreover, the office rent as described in the above 1.1. is not paid from time to time and the mobile phone usage fee was in bad credit standing.