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(영문) 서울남부지방법원 2016.09.28 2015고단4060
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant around January 14, 2014, at the “D” shooting sports center located in Yeongdeungpo-gu Seoul Metropolitan Government Seoul Metropolitan Government, the Victim E, “The Defendant has provided a loan to the present employees while running a community credit cooperative business. This project is not illegal private financing because the business was also conducted.

If you lend KRW 40,000,000 to the above business, you will invest in the above business and pay KRW 4,00,000 per month and KRW 1,20,000 per 3% of this person for 10 months.

“.......”

However, the defendant did not have registered a corporate bonds business operator, and there was no intention or ability to pay the principal and interest even if he had already borrowed money from the damaged party due to the debt amounting to KRW 120 million in the corporate bonds business.

As such, the Defendant, by deceiving the victim, obtained a delivery of KRW 38.5 million, including KRW 19 million around January 22, 2014, KRW 19.5 million around March 4, 2014, KRW 10 million around May 28, 2014, and KRW 9 million around May 28, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Part of a protocol concerning the examination of suspect of the defendant;

1. Statement made by the police for E;

1. The loan certificate;

1. A bank transaction statement [the defendant and his defense counsel at the time did not have the intent to commit the crime of defraudation by the defendant. At the time, the defendant registered a bond business normally unlike the victim's words, and was engaged in a village credit cooperative business. Even according to the defendant's statement at an investigative agency, even if the defendant had already been aware of considerable debts, the defendant attempted to engage in a bond business with his own funds borrowed from the victim or another person only without almost anything, and used more than half of the borrowed money as the hospital expenses, living expenses, etc. of his wife, and the defendant engaged in the bond business.

However, the details of the loan have not been disclosed properly.

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