(영문) 서울중앙지방법원 2014.06.27 2014고합24

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(영문) 서울중앙지방법원 2014.06.27 2014고합24

특정경제범죄가중처벌등에관한법률위반(사기)등

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The punishment of the accused shall be three years of imprisonment.

Reasons

Punishment of the crime

1. Fraud;

A. On August 8, 2008, the Defendant stated to the effect that “If the Defendant loans KRW 20 million to the victim E from the Defendant’s house located in Yeongdeungpo-gu D apartment 603 Dong 502, the Defendant shall pay the interest calculated at the interest rate of 2% per month until he/she has repaid the loan, he/she shall repay the loan money to the victim without fail.”

However, at the time of fact, the Defendant entered a multi-level company and the monthly income was less than KRW 2 million. On the other hand, around 2006, at the time of investment in the Internet casino company in the Philippines, the Defendant had been urged to pressure the Defendant to repay obligations, such as paying the principal and interest of KRW 5 million per month to the relative, etc., and for this purpose, the Defendant did not have any intent or ability to repay the said money within a short period of time, on the ground that there was no economic difficulty, such as borrowing the interest calculated at the rate of 5% per month from the lending company under the condition that the interest would be paid by the lending company.

Nevertheless, the Defendant received KRW 20 million from the victim to the Agricultural Cooperative Account in the name of the Defendant for the same day as the loan money.

B. On August 18, 2008, the Defendant stated to the effect that “G” pharmacies in the “G” pharmacy operated by the victim located in Ansan-si, Chungcheongnam-gu, Seoul, that “B has one parcel of real estate in Chungcheongnam-do, and the husband did not know about the guarantee of the husband.” The Defendant would be always repaid until January 18, 2009, and the interest calculated at the interest rate of 2% per month until the full payment is made.”

However, the defendant 1-A is true.

In addition, there was no intention to have the husband guarantee the above obligation.

Nevertheless, around August 19, 2008, the Defendant received KRW 50 million from the victim to the Agricultural Cooperative Account in the name of the Defendant for the purpose of borrowing money.

C. On September 22, 2008, the Defendant has to pay money to “the victim” at the above pharmacy.

유사 판례

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