(영문) 서울동부지방법원 2016.11.16 2016고단2950

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 서울동부지방법원 2016.11.16 2016고단2950

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On June 5, 2013, the Defendant made a false statement at the office of the victim D located in Gangnam-gu Seoul Police Officer on June 2013, 2013, stating that “If the Defendant borrowed 40 million won as he/she requires prompt payment, he/she shall pay 10% interest per month to the victim, and he/she shall complete payment after two months.”

However, in fact, the Defendant had almost no income due to the aggravation of the management of the new distribution company operated at the time, and the Defendant was liable for the amount of KRW 60 million with respect to the business, and there was no intention or ability to complete payment even if he/she borrowed money from others due to the lack of active property in his/her name.

Around June 4, 2013, the Defendant received KRW 24 million from the victim’s bank account (Account Number E) in the name of the Defendant, and KRW 8 million from the same account around June 5, 2013.

2. On July 16, 2013, around July 16, 2013, the defrauded made a false statement with the following: “Around July 16, 2013, the Defendant borrowed KRW 100 million to the victim’s office, 3% interest per month shall be paid by utilizing it to credit business, and the principal shall be repaid.”

However, even if the Defendant borrowed money from the victim, the Defendant intended to use it for the purpose of personal debt repayment, living expenses, etc., rather than credit business. As stated in paragraph (1), the Defendant was only liable for the amount of KRW 50 million to KRW 60 million, and there was no particular income or property, and thus, there was no intention or ability to repay the money even if it borrowed money from others.

Around July 16, 2013, the Defendant received KRW 100 million from the victim to the corporate bank account in the name of the above Defendant.

3. On or around August 27, 2013, if the Defendant borrowed money from the office of the said victim D, and if the Defendant borrowed money to the victim, then the Defendant would pay 3% interest per month by utilizing the money for credit business and repay the principal with no exception.

The term "the expression was false."

However, the defendant borrows money from the victim.

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