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(영문) 서울중앙지방법원 2015.11.19 2015고단1758
사기
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A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who actually operates D, a implementing company that is promoting the Dongjak-gu Seoul Metropolitan Government C Redevelopment Project.

Around December 28, 2012, the Defendant: (a) at the office D office located in the second floor of the Dongjak-gu Seoul Metropolitan Government E-building, “B is a shareholder of G and directors; (b) from G to KRW 15 million per month, the Defendant has increased to KRW 20 million; (c) thereby, D is operated at its expense. D is necessary to purchase four lots, such as KRW 12.3 million in Seoul, Dongjak-gu, Seoul, where the public sale is in progress in the land trust within the redevelopment area, and KRW 12.7 million in addition, if the Defendant borrowed the down payment and KRW 12.7 million in addition, the Defendant would make the Defendant repay the said KRW 25.7 billion in cash to the victims of the said land.”

However, the fact was that the Defendant was in bad credit standing at the time, and there was no particular property owned by the Defendant, and G shareholders and directors did not receive KRW 15 million or KRW 20 million each month from G. Moreover, the Defendant or D did not have any capacity to prepare a balance of KRW 1.01 billion until January 30, 2013, which is the outstanding payment date. Thus, the Defendant or D did not have any intent or ability to pay KRW 250 million to the victim by January 31, 2013, which is the repayment date promised by the Defendant.

Accordingly, the defendant deceivings the victim and defrauds the victim a sum of KRW 120 million.

Summary of Evidence

1. Each legal statement of witness F and I;

1. Each prosecutor's protocol of examination of the accused;

1. Each prosecutor's statement to the F and J;

1. The defendant and his defense counsel asserted that there was no intention to commit the crime of defraudation against the defendant at the time of each crime of this case.

However, the foregoing.

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