사기
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. The summary of the facts charged is that the defendant's food materials operated by the defendant on the fourth floor of the 4th floor of the revised building in Seongbuk-gu, Sungnam-gu, Seoul, also needs to be supplied to the victim E in the retail distributor D office.
The loan of KRW 200 million will be 2.5% interest per month and shall be paid only for three months.
If it is not possible to repay within three months, it is possible to find out the F-owned building in order to sell the commercial building equivalent to the market value of 2 billion won in Suwon-si G located in Suwon-si.
“The purpose of “ was to make a false statement.”
However, in fact, the Defendant was bad credit holders and business difficulties, and the market price of F was equivalent to KRW 1.3 billion in the above buildings with a divorceed around February 2012, 2012, and there was no collateral value due to the establishment of several collateral mortgages. Therefore, even if the Defendant borrowed the above money from the injured party, there was no intention or ability to repay the money.
As such, the Defendant, by deceiving the victim, received 200 million won from the damaged person on the same day.
2. Determination
A. (1) The Defendant and his defense counsel’s assertion (1) borrowed KRW 200 million from the injured party on April 2014 in order to raise funds for the operation funds of the Home Shopping Store D and the development expenses of new products (H) that was scheduled at the time of withdrawal on May 2014. Of them, KRW 50 million was first repaid on or around June 2014 and additionally repaid KRW 37,500,000 by December 2014, the Defendant was unable to pay the remainder of the loan due to the aggravation of the financial situation due to the deterioration of the operation situation due to the delay of withdrawal of new products, and it did not borrow money from the beginning with the intention of obtaining money from the injured party.
(2) In addition, at the time of borrowing, the term “three months of the legal filing of the legal filing of the legal filing of the legal filing of the legal filing of the legal filing of the legal filing of the legal filing of the legal filing of the legal filing of the legal filing of the legal filing of the legal filing of the legal filing of the legal filing.”