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(영문) 제주지방법원 2014.04.16 2014고단176
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On May 14, 2009, the Defendant made a false statement to the victim E (the age of 33) with Internet Messen (D) office at the (main) office in the fourth floor of the building in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”) on April 2009, stating that “When our company makes a proper settlement of goods exported to the U.S., the Defendant would lend KRW 10 million in the first place.”

However, in fact, the Defendant was operating the above state(C) and the state(P)F at the time, but there was almost little business performance, and there was no property under the name of the Defendant. Rather, the Defendant was granted a loan of KRW 583 million from an enterprise bank under the name of animation technology deposit and received a loan of KRW 6 million from the enterprise bank in the name of G, animation, which is a woman, and did not pay interest, even if he was unable to repay the interest, there was no intention or ability to repay the money from the victim.

On May 14, 2009, the Defendant, by deceiving the victim, received KRW 10 million from the victim to the bank account (H) in the name of the Defendant on May 14, 2009.

2. On July 16, 2009, the Defendant made a false statement to the effect that “If the Defendant borrowed KRW 10 million due to a lack of circumstances, it would have to receive money from the customer of the company, and would have to receive money from the customer of the company.”

However, in fact, even if the defendant borrowed money from the victim in excess of the obligation like Paragraph 1, there was no intention or ability to repay it.

On July 16, 2009, the Defendant, by deceiving the victim, received KRW 10 million from the victim to the above bank account (H).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes concerning details of transactions of a national bank account in the complainant's name;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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