logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.11.19 2012고단7260
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 5, 2009, the Defendant made a false statement to the effect that “I will pay the principal by December 15, 2009 the interest rate of 49% per annum when I lend money. I would like to say, “I will pay the principal by December 15, 2009.”

However, the defendant did not have an intention or ability to pay the principal and pay the interest until it was promised to repay the personal debt or lend the bonds to another person, even though the defendant did not have any obligation in the amount of KRW 750,000,000,000 without any specific income at the time of auction or seizure of most of the assets, and borrowed money from the victim.

The Defendant received KRW 20 million from the victim on June 5, 2009, KRW 35 million on June 15, 2009, KRW 30 million on June 18, 2009, KRW 10 million on June 19, 2009, KRW 10 million on June 19, 2009, KRW 15 million on July 1, 2009, and KRW 120 million on a total of six occasions, including KRW 15 million on August 5, 2009.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, F, G, H, and I;

1. Details of account A transactions;

1. Standard contract for loan transaction;

1. Each investigation report (number 6,8,10,12) law shall apply;

1. Relevant provisions of the Criminal Act concerning the facts constituting the crime and reasons for conviction under Article 347 (1) of the Criminal Act:

1. The defendant, like the facts charged in the instant case, has received money from the victim, but the victim D asked the defendant who was a friendship as a bond company to pay money to another person. The defendant asserts that the purpose of use is not to borrow money from the defendant, but to lend money to another person at the victim's request.

2. The Defendant applied for I as a witness in relation to this, but I did not borrow money with the name of D, and borrowed money with D borrowed money and received interest.

arrow