(영문) 인천지방법원 2016.06.30 2016고단1587

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(영문) 인천지방법원 2016.06.30 2016고단1587

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 11, 2010, the defendant is running a closed line business with the victim C in the luki apartment located in Yeonsu-gu Incheon Metropolitan City on November 1, 2010, and the project fund is urgently needed.

B. To lend money to B, the interest of KRW 100,000 per month shall be given and the principal shall be repaid normally after six months.

“......”

However, the defendant was liable for the debt amounting to KRW 210,000,000, and accordingly, he paid interest amounting to KRW 13,80,000 per month, and there was no certain income due to the lack of good competition, and the business is not well operated to the extent that the business is discontinued within 4 months after borrowing money, so even if he borrowed money from the victim, he did not have the ability or intent to complete the payment, and there was only a vague expectation that the business will be well operated.

As above, the Defendant, by deceiving the victim and deceiving the victim, obtained the total amount of KRW 20 million on the same day as the loan money from the victim, and obtained the delivery of KRW 30 million on the 25th of the same month and acquired the total amount of KRW 50 million on two occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial entry of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. The legal statement of the witness C;

1. The loan certificate;

1. In full view of the following circumstances acknowledged by each evidence duly adopted and investigated by this Court, the circumstance that the Defendant believed that at least the criminal intent of obtainion is recognized, and that the Defendant would be able to pay the interest and principal that was promised to the victim as a profit accrued from the operation of the game good and that the Defendant would be able to repay the interest and principal that was paid to the victim through the operation of the cultural property is difficult to be deemed as a ground to deny the criminal intent of the Defendant.

Even if the defendant's statement is based on the defendant's statement, at the time of borrowing the money of this case from the injured party, the defendant is the only apartment bonds with the market price of KRW 240 million through KRW 250 million.

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