(영문) 서울북부지방법원 2018.03.08 2017고단4242

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2018.03.08 2017고단4242

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 2016, the Defendant needs to pay money to the victims of friendship C to sell real estate related to foreigners and military units, at the construction site of the Egymnae House located in the Seodaemun-gu Seoul Metropolitan Government Seo-gu, Seomun-gu.

When lending money, interest shall be paid at 10% on the principal, and it shall be paid after six months.

“.......”

However, the Defendant had a debt equivalent to KRW 70 million at the time, and even if he borrowed money from the injured party, he thought that it will be used as personal debt and living expenses, etc., and did not think that it would be used as expenses for the sale of real estate related to the military, and there was no intention or ability to pay interest and principal on the borrowed money until the due date.

The Defendant, on July 22, 2016, suffered from damage, KRW 30 million around July 22, 2016, and the same year

7. 24. 30 million won, per year;

7.25. 30 million won, and the same year;

7. On August 29, 200, a sum of KRW 98 million was remitted to a new bank account (D) in the name of the defendant, and acquired by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Some of the protocol concerning the interrogation of the police officers against the accused;

1. Statement made by the police against C;

1. Account statement and bank account statement in the name of the suspect;

1. Details of the conversation between the complainant and the Stockholm;

1. Although the defendant had borrowed KRW 98 million from the complainant, the defendant had no intention to actually use the above money as business financing and to deception the complainant.

The argument is asserted.

On the other hand, the criminal intent of defraudation, which is a subjective constituent element of fraud, shall be determined by taking into account the objective circumstances such as the defendant's financial history, environment, contents of the crime, and the process of transaction before and after the crime unless the defendant is led to the confession, and the crime of fraud is also established by willful negligence.

requirement of crime composition.

유사 판례

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