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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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Reasons
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(영문) 서울동부지방법원 2014.02.20 2013고단1830
사기
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Around July 2007, the Defendant made a false statement that “D” office, which is a philosophical element of the Defendant’s operation in Seongdong-gu Seoul, established a philosophical official office to the victim E and borrowed money to start the business.”

However, the defendant did not have the intention or ability to repay the borrowed money even if he borrowed money from the victim because there is no particular property at the time and the economic situation is difficult.

Nevertheless, the Defendant, by deceiving the victim as above, received the total amount of KRW 9.7 million from July 24, 2007, KRW 8 million from September 7, 2007, KRW 5 million from October 5, 2007, KRW 5 million from October 17, 2007, KRW 500,000,000 from October 17, 2007, and KRW 9.7 million from March 31, 2008, respectively, as a new bank account in the name of the Defendant.

2. On July 2009, the Defendant made a false statement to the victim F that “The victim F may make a high profit by making an investment more than a year from 6 months to 1 year, with good investment sources,” at the early philosophicalwon office.”

However, the Defendant, at the time of receiving money from the victim as investment money, planned to use the money for other purposes, such as repayment of personal debts, and there was approximately KRW 30 million for another bank’s obligations, and the credit card’s payment in arrears was called “refluence.” Therefore, the Defendant did not have any intent or ability to return high profits or principal to the victim.

Nevertheless, the Defendant, as such, by deceiving the victim, received the total amount of KRW 10 million from the victim on July 10, 2009, KRW 50 million on or around November 26, 2009, KRW 50 million on or around January 7, 2010, KRW 20 million on or around January 19, 2010, KRW 15 million on or around February 11, 201, KRW 15 million on or around February 26, 2010, KRW 20 million on or around March 25, 2010, KRW 20 million on or around July 201, 205, and KRW 8 million on or around July 2010, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. The defendant;

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