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(영문) 서울서부지방법원 2014.06.18 2014고단1014

사기

Text

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

Reasons

Punishment of the crime

From around 202 to August 2012, the Defendant: (a) had been operating a shipping agency business for export and import cargo with the trade name “D” in Eunpyeong-gu Seoul 3rd floor from around 2002 to around 2012; and (b) began to borrow business funds for investment from the land owners due to difficulties in business operation from around 2009; and (c) in 2010, the Defendant was liable for the Defendant’s pro-friendly E with approximately KRW 20 million including approximately KRW 47 million of national taxes in arrears.

around July 2010, the Defendant, on its own initiative, received money from the victim F, E, the victim G, the mother victim H, and the victim H, the mother of E, to repay the existing loan under the pretext of investment, with the fact that there is a friendly relationship with E, and partly of the received money was used for the cost of living.

On August 9, 2010, the Defendant made a false statement to the victim F by phone call to the victim F at an unsound place, stating that “If an investment is made in a business in which money is paid, the Defendant will pay 10% of the investment money and the investment principal within three months.”

However, since the Defendant was in a state of hostile management as above, even if he received investments from the victim F, he did not have the intent or ability to make investments in the Defendant’s business and to return the investment principal and profits to the victim.

Nevertheless, the Defendant received KRW 10 million from the victim F to the new bank account (I) under the name of the Defendant, as well as from the time until December 26, 201, the Defendant received KRW 15 million in total from the victims as stated in the attached list of crimes from December 26, 201.

Accordingly, the defendant deceivings the victims and received property from the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to F and E;

1. Detailed data of transactions;

1. Account transactions;