beta
(영문) 대전지방법원 홍성지원 2015.01.28 2014고단591

사기

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around November 15, 2007, the Defendant stated that “If the Defendant borrowed KRW 70 million from E’s operating capital in which he/she is in office as a representative director, the Defendant would pay the principal in full within three months and pay interest, 1% per month shall be paid.”

However, in fact, the Defendant was thought to use the money for the repayment of obligations such as the monthly payment to the players of the resing team under the supervision of the Defendant, and did not think of it for E’s operating funds. At the time, the Defendant was liable for the debt of KRW 45 million, including the Credit Guarantee Fund loans of KRW 40 million, and the bonds of KRW 5 million, while the Defendant did not have any particular revenue or property, even if he borrowed money from the victim, there was no intention or ability to repay the money.

On November 16, 2007, the Defendant, by deceiving the victim, received KRW 20 million on the same day as the borrowed money from the victim, and received KRW 40 million from the bank account (Account Number:F) in the name of the Defendant on November 16, 2007, and acquired KRW 10 million on January 4, 2008 through the new cooperation account (Account Number: G) in the name of the E Co., Ltd. and acquired KRW 70 million in total.

Summary of Evidence

1. Defendant's legal statement;

1. Second prosecutor's protocol of interrogation of the accused (including the statement written in D);

1. Statement made to D by the police;

1. A complaint;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the nature of the crime is not good in light of the reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order and the means and result of the crime, the defendant is against the confession of all the crimes, the fact that the defendant has agreed with the victim, the fact that part of the acquired money is actually used as operational fund of E, and the defendant has been suspended for a long period of time.