(영문) 서울북부지방법원 2015.04.16 2014고단2321

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(영문) 서울북부지방법원 2015.04.16 2014고단2321

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A defendant shall be punished by imprisonment for not more than ten 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

1. Around December 2007, the Defendant made a false statement to the victim D’s house located in the Jung-gu Seoul Metropolitan Government, stating that “The Defendant is unable to pay the time limit to operate the community. If 4 million won is leased, only one month shall be paid and repaid in the following month.”

However, the Defendant, around that time, bears the obligation of KRW 30 million to other persons than the victim. On the other hand, there is no special property, and there is no remaining use of the profits of the main office operated by the Defendant for the interest and living expenses of the above obligation. Accordingly, there was no intention or ability to pay KRW 4 million to the victim after one month.

Nevertheless, the Defendant, as seen above, was issued 4 million won as the borrowed money from the victim on the same place.

2. On December 31, 2007, the Defendant, at the victim’s house above D around December 31, 2007, lacks the money to provide the victim with the time limit to operate the community.

The loan of KRW 16 million shall be paid in full within three months, together with the loan of KRW 16 million.

Around March 2008, there is a growing contribution.

“A false statement. However, the Defendant, around that time, bears the obligation of KRW 30 million to a person other than the victim, while there is no special property, and there is no reason to use the profits of the main office operated by the Defendant at the time for the interest and living expenses of the above obligation, and there is no intention or ability to pay KRW 16 million to the victim after that month. Nevertheless, the Defendant was issued by the victim a false statement as above and then received KRW 16 million from the victim for a loan loan thereafter on March 13, 2008.

The money shall take place at the end of this month.

The phrase “the phrase was false.”

However, the defendant is obligated to pay 30 million won to other persons than the victim around that time.

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