beta
(영문) 서울남부지방법원 2017.11.09 2016고단6499

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 23, 2013, the Defendant was sentenced to a suspended sentence of one-year imprisonment for fraud at the Seoul Central District Court on the 31st of the same month, which became final and conclusive.

Criminal facts

The defendant around September 2010 at the E office in Gangnam-gu Seoul Metropolitan Government D and the 8th floor of the defendant's operation, and the victim F can receive 3 billion won from Japan when the copyright protection program is commercialized at the commercial stage and after 2 to 3 months, and there is a need for KRW 200 million at the cost of commercialization of the program until then.

The principal shall be returned two to three months after the loan of KRW 200 million, and the meritorious capital shall be separately awarded.

The phrase “ makes a false statement.”

However, in fact, the Defendant paid approximately KRW 27 through 80 million to G, a program developer, out of the cost of KRW 1 billion necessary to develop and use the above program. There was no funds from investors in addition to the investment amount, and there was no plan to pay KRW 3 billion from Japan, and most of the funds borrowed from the damaged are considered to be used as the company operating expenses rather than the program development cost. Accordingly, even if the Defendant borrowed money from the damaged person, the Defendant did not have any intent or ability to commercialize the copyright protection program and to repay the borrowed money.

Nevertheless, the Defendant, as seen above, received KRW 200,000,000 from the national bank account under the name of the victim through the bank account under the name of the victim, which is the victim’s son, as the loan money from the victim, and received KRW 50,00,000 on September 8, 201, and transferred KRW 1,695,00 on October 11, 201, and received KRW 133,050,000 on October 14, 201, and received KRW 200,000,000,000 from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Testimony of a witness F, I and J;

1. Report of investigation (K Statement);

1. Previous convictions in the judgment: The defendant's inquiry about criminal history and investigation report (Attachment of the judgment) shall be made after three months.