beta
(영문) 서울동부지방법원 2016.12.07 2015고단4052

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Of the facts charged in the instant case, the separate sheet Nos. 1 through 4 are as follows.

Reasons

Punishment of the crime

Around April 25, 2014, the Defendant made a false statement to the victim G who was aware of the Defendant’s operation in Seongdong-gu Seoul Seongdong-gu as the customer of the Pyeongtaek beauty room that “I would pay interest if I would lend the money in need of living cost.”

However, in fact, when the obligation was accumulated from April 2014 when the Defendant engaged in the bond business with the money borrowed, the Defendant did not have the intent or ability to pay the principal and interest with the credit card and bonds, and did not repay the debt of 300 million won or more, even if he borrowed money from the victim.

The Defendant deceptioned the victim as such, and received KRW 20 million from the victim’s bank account (H) in the name of the Defendant on the same day.

In addition, the Defendant received a total of KRW 73,300,000 from around that time to January 19, 2015, as indicated in the [Attachment Table 5 to 9] list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal testimony of witness I;

1. Each police statement to G and J;

1. A copy of each promissory note, liquidity transaction or deposit passbook;

1. The Defendant asserts that at the time of borrowing money from the above victims, he/she had the intent to repay and sufficient ability to repay the money.

However, in full view of the above evidence, the Defendant borrowed a total of KRW 73 million from the above victims on or after April 2014 and borrowed a total of KRW 80 million from other creditors, and the Defendant paid interest on each of the above loans. Since April 2014, it seems that it was difficult for the Defendant to take charge of the interest on January 5 through March 3, 201, and the economic situation, such as repayment of interest, has significantly deteriorated through the return prevention, thereby repaying the loans to the above victims.