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(영문) 서울북부지방법원 2015.06.18 2015고단571
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 19, 2013, the defrauded on or around June 19, 2013, the Defendant obtained a loan by up to KRW 100 million, reflecting the credit rating on July 15, 2013, at the customer meeting room of the LG Electronic R&D Research Center located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City M&D Research Complex, “If such loan performance is reflected in the KCB credit rating company on July 15, 2013, the credit rating will be up to Grade 7 to Grade 6. When the credit rating reaches Grade 7, the loan interest rate will be lower than Grade 5 to 6%, and the loan interest rate can be obtained by up to KRW 100,000,000,000,000,000.”

However, the defendant did not have any intention or ability to repay the borrowed money as he had been liable for the debt amounting to KRW 200 million due to failure to invest in stocks at the time, and attempted to borrow money from the victim.

As such, the Defendant, by deceiving the victim and deceiving the victim, took over KRW 65 million from the victim around June 19, 2013.

2. On July 10, 2013, the Defendant, on or before July 10, 2013, through deception, concluded that the said LG Electronic R&D Research Center’s customer meeting room, “If the said victim applied for clinical trials as he suffers from the AF cancer, and the atmosphere is 3 times, and if the money needs to be borrowed in excess of 35 million won to promptly receive clinical trials, the Defendant would pay money by including interest by July 21, 2013.”

However, as above, the Defendant did not have any intent or ability to repay the debt amount to KRW 200 million and to make an investment with the borrowed money, even if he borrowed money from the victim.

As such, the Defendant, by deceiving the victim and deceiving the victim, acquired money of KRW 35 million from the victim around July 10, 2013.

Summary of Evidence

1. The defendant's statement in court;

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