beta
(영문) 부산지방법원 2017.04.19 2016고단7470

사기

Text

Defendants shall be punished by imprisonment for one year and two months.

Reasons

Punishment of the crime

The Defendants are married couple, and Defendant A was operated as a new retail chain between around 2009 and around 2010, and Defendant B was the representative under the name of Defendant E during the above period and operated Defendant A and D and E.

The Defendants, on April 2009, become aware of the incident of the "G" Section F in Busan Jung-gu, Busan, on the early April 2009, with the victim H, “a business is being conducted, but the business fund is insufficient.

The purpose of this paper is to provide a house with money as security and to loan money of 120,000 won per month (14.4% per annum) to 10,000 won per month.

However, the defendants were operated by them.

D and E not only did they were in a state of being unable to pay the employee's benefits for the personnel, but also used personal debt or credit card payment for the purpose other than the operating funds of the above company, and the interest paid to the victim was not paid as profits from the operation of the above company, but also did not have any intent or ability to pay the interest or principal for it even if they were to borrow money from the damaged party, such as preventing the return of the borrowed money with the borrowed money from others.

Nevertheless, the Defendants conspired to make a false statement as if they were to pay interest and principal in time to the victim, and received KRW 50 million from the victim’s account around April 10, 2009 to the Defendant’s account on April 10, 2009, and received from June 16, 2010 the amount equivalent to KRW 180,000 from June 6, 201 to June 16, 201 as indicated in the list of crimes in the separate sheet of crimes.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Legal statement of the witness H;

1. Complaints - Details of remittance and interest, and copies of bankbooks;

1. A detailed statement of each bank transaction;

1. The investigation report (Attachment of a certificate of closure of business) and the investigation report (a apartment of the suspect A who is subject to the auction disposition;