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(영문) 서울중앙지방법원 2014.05.01 2014고단213

사기

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 31, 2008, the Defendant stated to the effect that “I will draw up a authentic deed of promissory notes in the sense that I would like to pay money up until December 31, 2008, because I would like to use only one week if I would lend money to F, who was the Defendant’s seat of the Defendant, in the office of the Defendant located in Jung-gu Seoul, Jung-gu, Seoul.”

However, the Defendant was unable to pay the benefits for the figures due to economic difficulties at the time, and there was no particular revenue or property to pay the borrowed money, and there was no specific financing plan to pay the borrowed money up to December 31, 2008. Therefore, there was no possibility to pay the money as if the Defendant promised to borrow money from the victim.

Nevertheless, the Defendant received 30 million won from the victim to the national bank account in the name of the Defendant on November 18, 2008 without intent or ability to repay the money, even if he/she borrowed money from the victim with hiding such circumstances.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F in the court;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. The police statement concerning F;

1. The Defendant alleged that he/she had borrowed money from F, claiming that he/she would pay the money if five days to one week from the representative director and the accounting director of the above company at the time of borrowing money from F, and that he/she had borrowed money from F. However, the Defendant had already been in arrears at the investigative agency, and that the money was considerably insufficient due to the default of payment, etc. at the time of borrowing money from F. However, the Defendant did not receive construction payment.