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Reasons
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(영문) 부산지방법원 2013.05.10 2012고단1800
사기
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

Around July 2008, the Defendant provided that, “In the C industrial company run by the Defendant in Gangseo-gu Busan Metropolitan City, the Defendant would pay interest on the loan of KRW 30 million to the victim D, with a total of KRW 150 million overdue interest and KRW 20 million borrowed in 2007,000,000,000, as the total of KRW 1.5 million interest and overdue interest and KRW 20,000,000,000,000,000 shall be notarized as to the amount of KRW 1,50,000,000,000,000,000 won in the factory, and offer three copies of the factory machinery (one for crime-oriented bowling, one for criminal pressler, and one for Adidi) as security.

However, at the time of fact, the Defendant was in arrears with employees’ benefits and taxes of KRW 60 million, and the Defendant did not have any intent or ability to repay the amount even if he borrowed 80 million won from E, small and medium enterprise loans, KRW 30 million from E, factory rent of KRW 20 million, and KRW 100 million borrowed from the victim in 2007 due to the difficulties in managing C Industrial Corporation to the extent that it is impossible to pay the interest and interest.

In addition, the Defendant did not notify the victim of this fact, even though the Defendant had already provided money as security to the above E at the time of borrowing money from the above E from the first time of early 2007.

Nevertheless, around July 30, 2008, the Defendant received KRW 30 million from the victim as the borrowed money in the name of the Defendant’s false end.

Accordingly, the defendant deceivings the victim and received 30 million won from the victim.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. A complaint, a loan certificate, a notarial deed, a certificate of confirmation, a protocol of provisional auction for corporeal movables, and a list of auction;

1. Application of each investigation report (verification of the date of closure of business, and confirmation of the date of authentication No. 2007No. 3601 by Changwon Law Firm);

1. It is so decided as per Disposition on the grounds of Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, and Article 347(1) of the Act

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