(영문) 서울중앙지방법원 2015.05.15 2014고단7247

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(영문) 서울중앙지방법원 2015.05.15 2014고단7247

사기

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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On September 13, 2013, the Defendant made a false statement that “The victim E has invested KRW 100 million in the D coffee shop located in Gangnam-gu Seoul, Seoul. There is no one who will make a profit, and there is no one who will make an investment. However, if there is no one who will make a loan of KRW 50 million, the Defendant made an investment in lieu of the Racking business, and he will return the principal immediately after one year.”

However, due to the situation of suspension on July 2013, the defendant was thought to use the money received from the victim for the personal purpose unrelated to compensation for losses of the existing investors or business, and even if he borrowed money, he did not have the intention or ability to complete payment.

The Defendant received 50 million won from the victim to the foreign exchange bank account in the name of the Defendant at that time, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the protocol of examination of the accused by the prosecution (including the whole part of the protocol of examination of the accused);

1. Partial statement of the police suspect interrogation protocol against the defendant;

1. Statement to E by the police;

1. The defendant and his defense counsel asserted that the defendant did not know that 100 million won has been invested by the victim, and the defendant had been able to use 50 million won borrowed from the victim to normalize the marina business, and that he had a claim of KRW 170 million against F as at the time he was the partner and had the intent and ability to repay.

However, according to the above evidence, the victim consistently stated that the defendant at the time of the instant case “self-reliance 10 million won has been invested, and that it would have good profits.” <2> At the time when the defendant received the above KRW 50 million from the victim, the defendant proposed the attraction and management of the investment amount, thereby making an investment of KRW 250 million from G through G, and thereby making an investment of KRW 250 million from G.

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