beta
(영문) 서울중앙지방법원 2012.09.25 2011고단7845

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On April 12, 2006, the Defendant was sentenced to a suspended sentence of three years in Seoul High Court for a violation of the Drinking Water Management Act, which was sentenced to a suspended sentence of one year and six months, and the above judgment became final and conclusive on the 20th of

【Criminal Facts】

The victim D needed funds to purchase clothes from the importing company while operating a son E and clothes shop.

In this regard, E would like to find out whether the defendant can prepare money by discounting promissory notes with a face value of 300 million won.

On July 2005, the Defendant: (a) sent a phone call to the victim D on July 2, 2005; and (b) made money by lending KRW 300 million to him as security a promissory note which reduces the face value of KRW 300 million to him; (c) on that occasion, the Defendant borrowed KRW 300 million frompon topon; and (d) lent KRW 50 million again top on that KRW 300 million; and (c) on that occasion, the due date for payment will be three months later as the D wishes. It would be to lend KRW 100 million to E. It would be to lend KRW 300 million from pon. It would be repaid without a mold.”

However, the defendant did not have the intent or ability to pay taxes even if he borrowed money from the victim because the amount of taxes in arrears and the amount of individual debts was equivalent to one billion won at the time, and the financial status of F, a life-sustaining company that was operated by the defendant, was not good.

On November 8, 2005, the Defendant prepared a notarial deed stating that “The amount of KRW 300 million shall be repaid to the victim until November 26, 2005,” and received delivery from the victim 240 million (the amount obtained by deducting KRW 50 million and KRW 7.5 million, which the victim had to borrow from the Defendant again, from the Defendant).

Summary of Evidence

1. Part of the defendant's legal statement

1. Part of each legal statement of witness D, witness G and H in each legal statement;

1. Part of the protocol concerning the examination of the suspect against the defendant.

참조조문