beta
(영문) 광주지방법원 2015.06.04 2015고단1372

사기등

Text

A defendant shall be punished by imprisonment for one year.

However, 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

1. On March 1, 2012, at the time of early police officer, the Defendant: (a) the Defendant was holding a bank debt of KRW 44 million; (b) the sales store of “E”, which was in operation, was in excess of KRW 550 million, and was accumulated by the enemy; (c) while the husband’s building, which sold KRW 317 million around September 16, 201, sold in excess of the purchase price, was in excess of the amount of the mortgage and the amount of the lease debt; (d) there was no other property or monthly income; and (e) there was no intention or ability to repay even if having borrowed money from the victims.

On March 6, 2012, the Defendant, at the “E” sales store of the Defendant’s Management in Nam-gu, Nam-gu, Gwangju, the first instance court concluded that “A person who intends to purchase a building he owns, and intends to grant a security deposit to the lessee, shall give a security deposit first to the lessee. If he/she lends money, he/she would have to pay a security deposit as the purchase price of the building.” On March 6, 2014, he/she received money from the victim to the Defendant Gwangju Bank account in the name of the Defendant on March 6, 2014.

B. On March 19, 2012, the Defendant, at the “E” sales store of the Defendant’s Management in Gwangju Mine-gu, concluded the contract with the victim I as it was impossible to conclude the contract because it did not give the lessee the deposit. If the Defendant leased KRW 30 million to the lessee, the Defendant was transferred KRW 30 million from the victim’s account on the same day on the same day.

C. On May 29, 2012, the Defendant: “Around May 29, 2012, the victim G calls from the same place as the above paragraph (a) and, at the same time, the Defendant would have to repay KRW 52 million in total with the money borrowed first until the beginning of the following month.”