(영문) 서울남부지방법원 2018.05.30 2017고단1019

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(영문) 서울남부지방법원 2018.05.30 2017고단1019

사기

Text

The defendant shall be innocent.

Reasons

Summary of Facts charged

1. The Defendant: (a) around April 2010; (b) around 15,00 won, the Defendant was in the status of operating the sales agency without any particular capital in a credit card company; (c) was unable to operate the sales agency without any particular profit; and (d) was merely in the degree of mere aiding and abetting the sales agency for new buildings; and (c) did not have any intent or ability to repay the money even after borrowing it from C, the Defendant acquired money from C with cash borrowed money to be used as expenses for the sales agency for the said building.

2. The Defendant, even though there was no intent or ability to repay the facts at the end of 2010, as stated in paragraph 1, obtained a loan amount of KRW 9 million from C to be used as additional expenses, and acquired it by fraud.

3. On March 11, 201, the Defendant: (a) under the same circumstance as Paragraph (1) of the same paragraph, it was uncertain that the development project was scheduled to start on the racing market without obtaining permission from the competent administrative agency; (b) so, the Defendant was thought to be in charge of the sale on behalf of the Defendant; and (c) on the loan of money, most of the loan funds were to be used for the payment of expenses to obtain the sale on behalf of the purchaser; and (d) even if borrowing money from C, the Defendant did not have any intent or ability to pay the money, even though he did not have any intention or ability to pay the money, the Defendant displayed the “contract for the sale on behalf of the purchaser,” which was concluded on March 11, 201 with D, and was expected to be sold in lots immediately after the creation of D, and only 30 million won was leased under the title of the service contract for the sale on behalf of the purchaser, the Defendant would have to pay the principal and interest of the borrowed money up to three months thereafter.

In order to make a false statement, it received cash of KRW 30 million from C and acquired it by fraud.

Accordingly, the defendant deceiving C and acquired the total amount of KRW 44 million from C.

Judgment

1. Comprehensively taking account of the evidence duly admitted and examined by this Court.

유사 판례

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