beta
(영문) 서울남부지방법원 2018.06.04 2017고단4108

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 26, 2015, the Defendant: (a) at the Seocho-gu Seoul Yang Jae-dong, Seocho-gu, Seoul, said that “The representative director of the Victim B Co., Ltd., Ltd., Ltd., Ltd., Inc., E, a company that pays parts to D companies located in China, jointly with the vehicle company located in China, shall have four punishment; (b) among which four punishment are imposed on the president of the DF, fourth in relation to G, which is friendly with the fourth in relation to the company; and (c) the business that will continue with this day; and (d) the business that will continue clearly, as the business fund is urgently needed, will be repaid after three months.”

However, at the time of fact, the defendant did not have any particular property or income, and the above corporation E did not have any details of carrying out the automobile parts manufacturing and delivery business, and did not have been jointly carried out with the automobile company located in China. Since the money borrowed from the victim did not use it for the business fund but used it for the repayment of the defendant's personal obligation, the victim did not have any intent or ability to pay the money at the time of promise.

Nevertheless, the defendant deceivings the victim on the above false statement, and he received KRW 100 million from the victim on January 27, 2015 from the victim to the bank account of E, Inc. for the purpose of borrowing money.

Summary of Evidence

1. Partial statement of the witness C;

1. Entry of the part of the defendant in the protocol concerning the examination of the suspect against the defendant by the prosecution and C;

1. Receipts, corporate credit fitness reports, each credit investigation sheet, and all certificates registered;

1. The loan certificate, each content proof, and letter of commitment [the defendant and his defense counsel denies the intent of deception and deception, but at the time when the defendant borrowed money from the damaged party, the financial status of the defendant, the defendant, the corporation E at the time of borrowing the money, and the defendant did not explain the reasons why he submitted on April 7, 2015 in the letter of the W Convention, which was established around October 21, 2016, to be received.