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(영문) 창원지방법원 통영지원 2016.06.16 2016고단47

사기

Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 24, 2015, the Defendant paid the interest equivalent to the annual interest rate of 25% per month and received the loan from the victim on July 24, 2015, if the Defendant loaned the victim’s “F office,” operated by the victim E, who was located in the Si-si, D on April 24, 2015, as the construction cost is required to establish the building in G at the Si-si, and paid the principal by July 24, 2015.

The phrase “ makes a false statement.”

However, when borrowing money from the injured party, it was thought that it will be used as an adult entertainment investment loan rather than a construction cost, and there was no intention or ability to repay the principal and interest of the loan with a loan as security for new buildings.

As such, the Defendant, by deceiving the victim, received 36 million won, excluding the prior interest, from the victim on the same day, by remitting it to the H’s account.

Summary of Evidence

1. Partial statement of witness E;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. A complaint;

1. A detailed statement of each deposit transaction and a detailed statement of transactions;

1. The Defendant asserts to the effect that he/she had intent and ability to pay the victim’s money at the time of registration.

According to the above evidence, the Defendant, at the time, was to build a building in G (hereinafter “the building”) with the victim at the time, paid the interest equivalent to 25% per annum per month when the construction cost is required, and paid the principal by July 24, 2015 after the completion of the building.

“The Defendant, however, intended to use the originally borrowed money for adult amusement, not for the construction cost of the building, as the investment money in the adult amusement room. The Defendant actually used it for the same purpose, and the Defendant, on June 28, 2015, transferred the amount of KRW 21 million,000,000,000,000,000 to the victim as the sum of the interest that was loaned from the land owner around June 28, 2015, but did not pay the remaining principal and interest to the victim even after the due date has expired, and the Defendant among the police officers on October 2015.