(영문) 창원지방법원 마산지원 2019.06.12 2019고정5

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(영문) 창원지방법원 마산지원 2019.06.12 2019고정5

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Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who has no fixed occupation.

Even if the defendant borrowed money from the victim, he/she did not have an intention or ability to repay within the agreed date.

Nevertheless, at around 15:30 on July 16, 2010, the defendant made a false statement that "it is necessary to pay the university registration fee to the victim C, 200,000 won, in order to pay the university registration fee to the victim C, at the home of the defendant at Changwon-si, Changwon-si, Seoul."

In this respect, at around 15:57 of the same day, the defendant was transferred to the E Bank Account (Account Number:F) in the name of the defendant at around 15:57.

[A] The Defendant and his defense counsel had the intent and ability to repay to the Defendant at the time of borrowing. However, the Defendant and his defense counsel asserted that the Defendant was unable to pay the amount of KRW 2 million after borrowing KRW 2 million from the victim, and that he was unable to pay the amount in full. At the time of July 2010, the Defendant had been in charge of 4-5 months at G Hasium, and that the Defendant was only in charge of the said lawsuit since it was long after borrowing the said money, there is room to deem that the Defendant was only in charge of the said lawsuit, and that the fact that the above lawsuit was closed down around that time is consistent with the foregoing argument. However, this part of the Defendant’s debt situation at the time of borrowing (i.e.,, the fact that the Defendant’s income and G sium was deemed to have been known prior to the closure of the business, and that the Defendant did not have any intent to acquire the said evidence by taking account of the following circumstances acknowledged by the following evidence, i.e., the Defendant’s assertion that it did not go against this conclusion.

1. Partial statement of the defendant;

1. C Witness’s testimony;

1. H. H’s order to submit financial transaction information in this Court.

유사 판례

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