(영문) 서울서부지방법원 2019.03.20 2018고단3892

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(영문) 서울서부지방법원 2019.03.20 2018고단3892

사기

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A defendant shall be punished by imprisonment for six months.

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 January 17, 2016, the Defendant: (a) at the mutual infinite coffee shop in Eunpyeong-gu Seoul Metropolitan Government, the Defendant concluded that “Around January 17, 2016, the Defendant would directly invest KRW 100,000 in the business related to the C Company in lieu of the large gathering, but if the capital is insufficient, 10,000,000 won will be paid monthly interest; (b) the business is terminated on September 2016. The Defendant concluded that “A request for additional loans of KRW 10,000,000 as principal amount to the previous KRW 10,000,000 in addition to the loan of KRW 10,000.”

However, even if the defendant borrowed money from the victim, he did not have the intent or ability to invest in the C company, and did not have the intent or ability to repay the borrowed money to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the bank account (E) in the name of the defendant on the same day and acquired it by deceit.

2. On February 9, 2017, the Defendant made a false statement by phone call to the victim that “I would pay 12.5% interest within one month and 12.5% interest until now if I lend money to the victim due to a shortage of KRW 10 million.”

However, even if the defendant borrowed money from the victim, he did not have the intent or ability to invest in other businesses, and did not have the intent or ability to repay the borrowed money to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to G account in the name of father F (H) on the same day from the victim and acquired it by deceit.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of the witness B;

1. The prosecutor's office and the police's statement concerning B;

1. A detailed statement of loan certificates and financial account transactions submitted by a complainant;

1. Account details submitted by the complainants of investigation reports;

유사 판례

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