(영문) 인천지방법원 2014.07.03 2014고단538

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(영문) 인천지방법원 2014.07.03 2014고단538

사기

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A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

1. Around July 2012, the Defendant made a false statement to the effect that “The Defendant would sell the land in the name of the wife with interest rate of 2% per month if he/she borrowed KRW 150,000,000,000 to the victim from Dwa Holdings located in Dongdaemun-gu Seoul Metropolitan Government.” The Defendant would offer 20% of the shares if he/she would sell the land in the name of the wife, and if he/she fails to repay the money, he/she would offer 20% of the shares if he/she would return the money.”

However, in fact, the Defendant did not have a share in the aforesaid crowdfunding, and had a debt equivalent to KRW 20 million, and intended to use the purchase price of the said land for personal purposes, so even if he borrowed money from the victim, there was no intention or ability to repay it.

Around August 3, 2012, the Defendant, by deceiving the victim as such, received KRW 150 million from the New Eastdong Branch in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and acquired it by deception.

2. Around August 17, 2012, the Defendant against the victim R made a false statement to the effect that “On the face of the transfer of 16% of the Dweves shares to the victim at Tweve shop located in Gangnam-gu Seoul Metropolitan Government, the Defendant would sell the land in the name of the wife to another person, or would sell the land in the name of the wife, and KRW 210 million of the acquisition price until December 20, 2012.”

However, in fact, the Defendant had a debt equivalent to KRW 20 million, and the collateral security amount of KRW 40 million was established on the land in U’s name, and did not notify the victim of the transfer of said share on the same day. Since he was willing to use the purchase price of the said land for personal purposes, he did not have the intent or ability to pay the acquisition price even if he received the share from the victim.

The defendant deceivings the victim as such, and acquired the shares of 210 million won from the victim, that is, from the victim's seat, by deceiving the victim.

Summary of Evidence

1. The defendant's partial statement 1.1.

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