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(영문) 서울중앙지방법원 2017.12.21 2017고단6714

사기

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

Since the second half of the year of 2015, the Defendant received the victim D who operates dental hospitals several times of drinking with the introduction, and received money from the victims of cryptic damage for the purpose of using money for the Defendant’s living expenses, etc.

On March 2016, the Defendant needs to operate operating funds in the F dental hospital parking lot in Gangnam-gu Seoul Metropolitan Government Dental Hospital which operated the victim in Gangnam-gu.

The loan of KRW 100 million will be paid 5% interest per month.

The period of use is one year, and if it is necessary to repay, it is possible to immediately repay the borrowed money at any time at least two weeks.

“A false statement was made to the effect that it was “.”

However, the Defendant did not have a separate office for the loan business office at the time, and there was no plan to separate the office, and most of the money borrowed from the injured party was thought to be used for personal purposes, such as living expenses of the Defendant, and there was no intention or ability to repay the borrowed money as agreed to the victim because the Defendant did not have any property or income of the injured party except the borrowed money borrowed from the injured party.

As such, the Defendant, by deceiving the victim, received a total of KRW 100 million from the victim to the company bank account (H) in the name of G, a borrowed account, from April 1, 2016 to June 7, 2016, and by the same method from April 1, 2016 to September 4, 2016, acquired a total of KRW 250 million from the victim three times, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement protocol with regard to D (including the part concerning D's statement among the second suspect examination protocol against the accused prepared by the public prosecutor);

1. The receipt of each transfer confirmation, the detailed statement of passbook transactions, the details of financial information transactions, and the details of accounts in I;

1. Application of Acts and subordinate statutes on investigation reports (report on the receipt, etc. of details of accounts used by suspects);

1. Relevant Articles of the Act concerning the facts constituting the crime;