(영문) 서울북부지방법원 2018.10.18 2017고단5005

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(영문) 서울북부지방법원 2018.10.18 2017고단5005

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

In fact, the Defendant provided real estate worth KRW 200,000,00,000, which was the only property owned by the Defendant, to the projects of H, and the Defendant started the real estate investment business with the loan of KRW 200,000,00 to the bond company with the loan of KRW 200,000,000, but did not have any intent or ability to repay the loan even if it borrowed money from the victim C.

Nevertheless, on January 2012, the defendant is required to pay funds to the victim for the business in the family of the defendant's apartment E in Gyeyang-gu, Gyeyang-gu, Seoul Metropolitan City.

The interest rate of 30% per annum on the loan of money shall be paid, and the principal shall be paid in full.

37 million won is granted to the injured party upon the false statement, and such statement has been given to the injured party;

4.5. He had the victim deliver KRW 10 million to B at the office located in Mapo-gu Seoul Metropolitan Government F.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. The legal statement of the witness C;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement protocol with respect to C and B;

1. Complaint;

1. Loan certificate and contract for borrowing and lending of money;

1. Determination on the defendant's assertion as a result of a factual inquiry about G stock company

1. The summary of the argument was that the Defendant lent business funds to the victim, did not speak, and 37 million won was used for investment purposes to B rather than the Defendant.

2. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the court, the Defendant’s assertion is not acceptable as it is sufficiently recognized.

(1) The victim was aware of the Defendant from the time when the Defendant was living in a matrimonial relationship with the Defendant, and was unaware of B.

Therefore, the victim lends the business fund to B.

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