(영문) 수원지방법원 안산지원 2018.10.31 2018고단2491

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(영문) 수원지방법원 안산지원 2018.10.31 2018고단2491

사기

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around February 2013, the Defendant: “Around February 2013, the Victim C wishes to operate a joint entertainment room with many people; “The Defendant shall use money out of the shortage of funds for six months; and shall pay interest at KRW 1.5 million per month.

The phrase “ makes a false statement.”

However, at the time of the defendant's personal liability, the defendant has been over KRW 80 million, and the defendant was a representative director.

D Co., Ltd. was unable to pay wages to its employees due to excess of its obligation, and thus, there was no certain amount of income, and there was no other property from the said company. Therefore, even if it borrowed money from the injured party, there was no intention or ability to pay the principal and interest as agreed upon.

Nevertheless, on February 5, 2013, the defendant deceivings the victim as above, and, around February 5, 2013, the defendant acquired 15 million won with the defendant's account in the name of his wife E (F), 20 million won with the defendant's Nong Bank account in the name of his type G (H) around March 24, 2013, and 15 million won with the above G's Nong Bank account in the name of his name (H) around March 27, 2013.

(A) The Defendant, as stated in the facts constituting an offense, was aware that there was a debt and there was no certain revenue as stated in the facts constituting an offense, but there was no intention to acquire it, since the Defendant was aware that the amusement room is legally operated.

However, even if the defendant knew that the amusement room is legally operated, the summary of the evidence is recognized in light of the fact that there is a debt and no certain income as stated in the facts of the crime, and that the defendant used the majority of the money borrowed from the injured party for the repayment of his personal debt for the operation of the amusement room.

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police against C;

1. Related to D, etc.

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