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(영문) 서울중앙지방법원 2014.05.09 2014고단728

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. When the defendant operates a company that processes kimchi under the trade name of "J" and "I", the defendant had no intention or ability to repay the amount normally due to serious financial difficulties, such as failure to fully repay the principal and interest of KRW 300 million already borrowed from the victim HA (the age of 52) or additional money borrowed from the victim HA (the age of 56) on May 8, 201.

2. Nevertheless, on February 15, 2008, the Defendant concluded that “I” Daegu office located in the Daegu Northern-gu Seoul Northern-gu HC (“I”) stating that “I will pay back one week after lending money to the victim HB when operating the kimchi factory.”

On February 20, 2008, the Defendant received KRW 55 million from the victim to the Defendant’s national bank account.

3. On March 13, 2008, the criminal defendant against the victim HA stated that the victim HA would repay money to the victim HA if he/she lends money to the company operation funds.

The Defendant received KRW 100 million from the victim to the corporate bank account in the name of K, which is the child of the Defendant on the same day.

On April 22, 2011, the Defendant: (a) by deceiving the victim by the same method; (b) continuously transferred KRW 140 million from the victim to an enterprise bank account in the name of the said K; (c) subsequently, around May 12, 201, the Defendant received KRW 27 million from the new bank account in the name of the Defendant; (d) KRW 60 million from July 1, 201 to the enterprise bank account in the name of the said K; and (e) KRW 15 million from October 27, 201 to the HD bank account in the name of the Defendant, the name of HD, the amount of KRW 360,000,000,000,000 from March 14, 2012 to the account in the name of the said K bank; and (e) received KRW 360,000,000 by receiving each deposit in the corporate bank account in the name of the said K.

Summary of Evidence

1. The defendant's partial statement 1.1.