(영문) 서울동부지방법원 2019.02.20 2018고단3058

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(영문) 서울동부지방법원 2019.02.20 2018고단3058

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On May 18, 2014, the Defendant made a false statement to the victim B by telephone stating, “The Defendant borrowed KRW 50 million to the victim B, adding interest to KRW 40 million, thereby lending KRW 90 million in total.”

However, in fact, the Defendant could not properly proceed with the business of constructing multi-household housing and the business of constructing brine houses, which was in progress by the Chungcheongnam-gun, Chungcheongnam-do, in excess of the debt amounting to KRW 200 million, due to the shortage of funds. Since there was no particular property, even if he borrowed money from the victim, he did not have the intent or ability to pay the principal and

On May 19, 2014, the Defendant, by deceiving the victim, received KRW 50 million from the victim to the corporate bank account in the name of the Defendant’s father’s father on May 19, 2014, and acquired KRW 100 million in total by the same method three times, such as the list 1 through 3 of crime sight.

2. On January 19, 2015, the Defendant made a false statement to the victim by telephone, stating that “The Defendant may borrow money from the victim because it is possible to receive a large amount of interest on the loan of money.”

However, in fact, the Defendant did not lend money to the Defendant’s branch, but paid the construction cost that was not paid in relation to the above Taean-gun’s business. The Defendant could not properly proceed with the business of constructing multi-household housing and the business of constructing multi-household houses that was carried out in Taean-gun in excess of the debt amounting to KRW 200 million due to the shortage of funds for the business of constructing Haan-gun. Since there was no other property, even if the Defendant borrowed money from the victim,

As above, the Defendant, by deceiving the victim, received KRW 30 million from the victim to the D bank account of C on the same day, and acquired a total of KRW 65 million by the same method three times, as shown in the crime sight table 4 through 6.

On May 19, 2014, the temporary amount of the place of the crime list No. 5,000 shall be the parent of the defendant.

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