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(영문) 서울중앙지방법원 2016.06.30 2014고단9971

사기등

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

The defendant of "2014 Highest 9971" is the representative director of "E" (hereinafter referred to as "E") in Seocho-gu Seoul Metropolitan Government D Building.

1. On April 30, 2014, the Defendant would pay 30 million won per annum to the victim H and I husband and wife through E office, through EF and G, and to pay the principal on April 30, 2015, after one year after the payment of the principal.

“Falsely speaking, a written agreement of monetary consumption lending and lending was prepared, and it was notarized immediately.

However, facts are that E has suffered business loss in 2013 and the amount of debt as of the end of 2013 has reached about 9.4 billion won, and even if it borrowed money with a proper business profit in 2014, it did not have the intention or ability to repay the borrowed money.

As such, the Defendant, by deceiving the victims, received KRW 100 million from the new bank account in the name of the “E” corporation on the same day from the victim H to receive KRW 100 million and received KRW 100 million from E.

The facts charged are deemed to have been acquired by the defendant, but KRW 100 million was deposited into the account of E, and actually used for the operation of E, and it is judged that there is no risk of actual disadvantage in the exercise of the defendant's right of defense even if it is recognized that E would receive property without changing the indictment.

2. Although the Defendant’s facts charged on July 14, 2014 are “the same date as Paragraph (1)”, it is clear that it is a clerical error in the facts charged, as of July 14, 2014, and even if the date and time of the crime are “ July 14, 2014,” without changing the indictment, it is determined that there is no risk of actual disadvantage to the Defendant’s exercise of his/her right to defense. As such, it is recognized as above.

In the same place as Paragraph 1, through F and G, the victims “if the victims invest 50 million won in EtJ, the position of E, the position of E, 100,000 won per month, and in addition, 50% of the operating profits of the above store.