(영문) 서울북부지방법원 2015.12.10 2015고단2409

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(영문) 서울북부지방법원 2015.12.10 2015고단2409

사기

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A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Although there was a certain amount of income from the operation of the parking lot around 2010, the Defendant was unable to repay the amount of KRW 8,000,000 per month, which is interest on the Defendant’s personal liability of KRW 150,000,000, which is the interest on the Defendant’s personal liability, and the Defendant did not have any special property such as real estate.

1. Nevertheless, the Defendant, at the Seoul Dongdaemun-gu Seoul Metropolitan Government Office for Parking and Management of Building in Dongdaemun-gu around February 2010, concluded that “If the Defendant borrowed 5 million won to another person as security and received interest, he/she would borrow 500,000 won monthly benefit and pay 500,000 won with the principal without any molding three months later.”

However, in fact, since the defendant thought to repay other debts by lending the above money, he did not have the intention or ability to lend the money to the victim with the difference of other persons as security and to pay the money to the victim.

As above, the Defendant deceivings the victim and received 5,000,000 won from the victim as the loan, namely, from the victim.

2. In addition, around April 21, 2010, the Defendant concluded that “If the Defendant lends KRW 10 million to the victim any more, the Defendant would sell the E-cafeteria operated by the Defendant’s wife, including the said KRW 5 million in the said money, with interest rate of 2% per annum and delay damages at 20% per annum, and complete payment without delay until September 21, 2010.”

However, the above restaurant is a restaurant in the name of the defendant's wife, and the deposit, etc. of the above restaurant is almost not remaining, and there was no intention or ability to pay money to the victim by transferring the above restaurant.

As above, the Defendant deceivings the victim and received 10,000,000 won from the victim’s seat as the borrowed money.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Of the suspect interrogation protocol of the accused, the prosecution.

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