(영문) 서울남부지방법원 2017.09.22 2017고정764

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(영문) 서울남부지방법원 2017.09.22 2017고정764

사기

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The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant did not have any interest equivalent to KRW 2,00,000 from monthly income to KRW 2,000,000,000, and there is a need to pay the principal of KRW 57,000 with the Defendant’s personal liability and the amount equivalent to KRW 1,20,000 per month with interest, and thus, there is no intention or ability to complete payment even if he borrowed money from

Nevertheless, around June 16, 2016, the Defendant applied for a loan of KRW 3 million to a person in charge of the loan in the name-based loan office of the Seoul Yeongdeungpo-gu Seoul Metropolitan Government-gu Seoul Metropolitan Government-based Incheon Metropolitan Government-based 30,000,000,000 won as security and paid KRW 66,00 per annum 27.9% per annum, and the principal shall be repaid by June 30, 2017.

The defendant deceivings the victim as above and transferred KRW 3 million to the bank account in the name of the defendant on the same day from the victim.

around June 16, 2016, the Defendant paid monthly interest with the interest rate of KRW 27.9% on the face of the loan of KRW 3 million to the victim-in-fact employee in the victim-in-fact loan office in Guro-gu Seoul, Seoul, 30-gil 28,209.

Since the lease deposit for residential place is KRW 30 million, 3 million out of the deposit will be provided as security.

“False speech was made to the effect that it was “.”

However, the defendant did not have any particular revenue source, and there was no intention to provide the leased deposit as security, and even if he borrowed money from the damaged party, such as having a large amount of debt to other lending companies, there was no intention or ability to pay interest and principal of the loan.

Accordingly, the Defendant, by deceiving the victim as above, received 3 million won from the victim to the Korean bank account of the defendant on the same day.

2. Determination

(a) The establishment of fraud by defraudation of the borrowed money shall be at the time of the borrowing.

유사 판례

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