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(영문) 서울동부지방법원 2019.08.23 2018고단941

사기

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

Criminal facts

The Defendant, along with her husband C, was a person who operates Nitrate Manufacturing Factory (E) on Seongdong-gu Seoul Metropolitan Government D and 1st floor, and was willing to borrow and use money on the condition that from 2014, income from the operation of the factory would have decreased and would have earned high profits by running clothes business and paying high interest.

On October 8, 2014, the Defendant made a false statement to the victim I via H in front of G in Seongdong-gu Seoul, Seongdong-gu, Seoul, stating, “If you lend money, there exists a lot of profit that they have imported the clothing in Korea. When you have sold the clothing, they shall import and sell the clothing, and then shall pay interest at KRW 300,000 per week, and the principal shall be repaid within a month.”

However, in fact, the Defendant’s sales revenue in the second half of the year of 2013 (from July 1, 2013 to December 31, 2013) was equivalent to KRW 48,00,000 per month, while the monthly rent of KRW 1.1 million, electricity tax of KRW 1.5 million, labor cost of KRW 20,000,000 per month was paid as fixed expenses. Since around 2014, the Defendant used bonds and paid interest, and thus, the Defendant did not have the intent to pay the principal and interest promised even if borrowing money from the victim.

around October 8, 2014, the Defendant received KRW 10,000,00 from the victim via H to the account in the name of the Defendant.

In addition, from the above date to November 13, 2014, the Defendant received a total of KRW 118,800,000 from three victims, as indicated in the separate sheet Nos. 1-1 through 1-7, No. 2-1 through No. 2-3, No. 3-1 through No. 3-7 in the same manner as above, from the above date and time to November 13, 2014.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of a witness I, H, J, K, L, M and N;

1. Some statements made by the police and the prosecutor's office on the accused (including the part in which the court's statements are written);

1. Statement to the prosecution of I;

1. Each police officer with respect to M, L, J, I, H, K, and N.