beta
(영문) 인천지방법원 2018.08.24 2016고단2671

사기등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The facts of "2016 Highest 2671" are as follows: (a) the Defendant did not make any profit from the commencement of the business of the farming association E invested by the Defendant at the time; and (b) the real estate owned by the Defendant was established with a collateral equivalent to KRW 150 million; and (c) even if the Defendant borrowed money from the victim F because there is no particular economic ability, such as there is little balance of the deposits; and (d) the Defendant did not have any intent or ability to repay the borrowed money to the victim.

1. On February 18, 2013, the Defendant called the victim at the office of the farming association corporation E located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, to repay the amount to the victim immediately if he/she loans KRW 2 million to the company accompanying the company.

‘Falsely speaking, 2 million won was corrected in the name of bank and account to the extent that it does not infringe on the defendant's right to defense in light of the evidence of compromise by the defendant's name on the same day from the injured party.

(hereinafter the same shall apply)

was remitted to a deposit account.

2. On March 15, 2013, the Defendant calls the victim at the same place as indicated in paragraph (1) around March 15, 2013 and promptly redeems KRW 2 million that he/she lent prior to the lending of KRW 4 million to the victim.

“A false statement,” and it received KRW 2 million on the same day from the injured party as a deposit account in the name of Defendant’s name on the same day, and KRW 2 million on March 18, 2013, from the remittance of KRW 4 million in total to the deposit account in the name of Defendant’s Japanese bank.

3. The Defendant, around March 25, 2013, at the victim’s house located in Yangcheon-gu Seoul Metropolitan Government H, intends to pay the victim a full payment without any molding from the victim’s house to one month if the amount of rice purchase funds is short of KRW 40 million.

The term "any person who makes a false statement" and who is affiliated with it has received 40 million won from the damaged person as a deposit account in the name of the defendant's name on the same day.

4. The Defendant calls the victim at the same place as that described in paragraph (1) around January 2014.