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(영문) 수원지방법원 2018.03.09 2017고단1404
사기
Text

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

All applications filed by applicants for compensation shall be dismissed.

Reasons

Punishment of the crime

1. On October 2014, the Defendant, against the victim C, made a false statement to the F Office operated by the Defendant, which was operated by the Defendant in the Seocho-gu, Young-gu E Building 305, Youngman on the ground that “The Victim C, who borrowed KRW 50 million, will pay 2% interest at the face of 50,000, and will pay the principal after one year.”

However, even if the monthly sales of the above F at the time were to be paid up to KRW 10,00,000, the Defendant did not have any income in the state of the enemy because the monthly sales of the F at the time exceeded KRW 30,000,00, and there was no income in the state of the enemy. There was a considerable amount of KRW 100,000,000,000,000, and the credit rating was lower, and there was no intention or ability to repay it even if it was borrowed from the injured party.

On October 28, 2014, the Defendant acquired 50,000 won from the damaged person to the corporate bank account (G) in the name of the Defendant.

2. On November 2014, the Defendant against the victim D made a false statement to the victim D that “I would pay back at any time when I want to lend KRW 50,000,000 to the victim, as I want to convert from a personal business entity to a corporate business entity. I want to transfer 5,000,000 to a corporate business entity.”

However, as stated in the above paragraph 1, the defendant did not have any intent or ability to repay the money even if he borrowed the money from the damaged party because the company did not have any revenue but bears a large amount of obligation, as the defendant did not have any revenue.

On December 10, 2014, the Defendant received 20,000 won from the damaged person as the borrowed money, and 10,000 won around December 16, 2014, from the Defendant’s corporate bank account (G) to the Defendant’s name.

Summary of Evidence

1. Each legal statement of C and D;

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

1. Some statements made against the defendant during the police interrogation protocol;

1. Each police statement with respect to C and D. 1.

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