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(영문) 서울북부지방법원 2018.07.19 2017고단3439
사기
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A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Fact-finding] The Defendant, who was preparing for a election campaign for National Assembly members in the area B around the 2012 south-do, had an approach to the purport that the Defendant would help the victim C, who was well aware of the fact, receive a notarial deed through a historicalist, to acquire money as a borrowed money.

[Criminal Facts]

1. On June 2, 2011, the Defendant was guilty of KRW 100 million on June 2, 201, at the victim C’s office located in Seongdong-gu Seoul, Seongdong-gu, Seoul around June 2, 2011, the Defendant may assist the victim to obtain a candidate for the National Assembly members.

In addition, the phrase “a loan of KRW 300 million necessary for the new performance-related business” was false.

However, there was no particular property or income on the part of the Defendant, and the performance-related company managed by the Defendant did not have the intent or ability to import new works due to the lack of financial circumstances, such as default of about KRW 1.2 billion of corporate tax, and there was no intention to exercise the authority or influence to obtain a candidate for a National Assembly member. Therefore, even if the Defendant borrowed money, the Defendant did not have the intent or ability to repay

The Defendant received KRW 100 million from the injured party on the same day.

2. On June 15, 2011, the Defendant was guilty of KRW 200,000,000,000,000 to the victim around June 15, 201.

A false statement was made to the effect that “as soon as possible lend money.”

However, the above facts, even if the defendant borrowed money, did not have the intent or ability to repay it.

The Defendant received KRW 200 million from the injured party on the same day.

Accordingly, the defendant deceivings the victim and defrauds the total of 300 million won.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, G and H;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement by the police in relation to C and G;

1. A loan certificate issued on June 15, 201;

1. The original copy of a promissory note process 200 million won on January 27, 2014;

1. GI Bank.

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