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(영문) 의정부지방법원 고양지원 2013.10.30 2013고단891
사기
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A defendant shall be punished by imprisonment for not less than eight 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

Around July 25, 2012, the Defendant: (a) planned to establish a corporation in E plant of the victim C’s operation, which is located in Sungsung-si, to operate the business of manufacturing the horse decentralization; (b) the Defendant borrowed KRW 50 million out of the capital of KRW 300 million necessary for incorporation. If the Defendant borrowed KRW 50 million, it used it as capital until the end of this month, thereby establishing a corporation by using it as capital; and (c) concluded that the Defendant would withdraw KRW 50 million from the capital account and repay it within three days from the end of July 2012, which was planned to establish the corporation.

However, in fact, the defendant borrowed KRW 50 million from the victim and used only to purchase real estate to be offered as security to the bank to issue a credit necessary for the import of machinery, and used it as capital necessary for the establishment of the corporation, or did not have the intent or ability to repay the above KRW 50 million to the victim within 3 days from the end of July 2012.

Accordingly, the Defendant, by deceiving the victim as above, obtained money from the victim to the new bank account of F on July 27, 2012, by remitting KRW 50 million to the new bank account of F.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including the C substitute part);

1. The prosecutor's statement concerning the F;

1. C Complaints;

1. Application of the Acts and subordinate statutes to a copy of passbook, a loan certificate, and a debt redemption note;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act (including the fact that part of the amount of damage has been discharged);

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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