(영문) 부산지방법원 2013.04.11 2012고정3225

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(영문) 부산지방법원 2013.04.11 2012고정3225

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Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around January 24, 2011, the Defendant: (a) borrowed money from the victim D but did not have any plan to invest in Jeju-do real estate; and (b) did not have any intent or ability to repay the borrowed money by the agreed date, the Defendant, despite of the fact that the Defendant borrowed money from the victim D, was trying to sell the outstanding real estate in Jeju-do with multiple persons again; (c) there are many differences in the course of sale; (d) the Defendant would be able to pay the principal and interest at 10% after the ten (10 million won if the money is insufficient; and (e) the Defendant acquired the money from the victim via the Defendant’s bank account in the name of the Defendant E account following the following day.

2. On January 27, 2011, the Defendant continued to lend 200 million won to the victim on the wind that “one of the investors who had decided to invest in Jeju-do real estate” is urgently needed. On the wind, the Defendant borrowed 200 million won or less.

1. 31. Performance must be made in 31.

If 200 million won is known, 150 million won prior to the loan shall be repaid 10 days after the commitment.

‘Falsely speaking, the victim received KRW 100 million from the victim to the deposit account in the name of the E on the same day and acquired it by fraud.

Summary of Evidence

1. Legal statement of witness D;

1. The statement to the effect that the full amount of KRW 250 million received from the victim among the first interrogation protocol of the accused by the prosecution against the accused was lost at the casino;

1. Application of Acts and subordinate statutes for account transfer certificates;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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