beta
Text
The Defendant is not guilty. The summary of the judgment of this case is publicly notified.
Reasons
1. The summary of the facts charged is that the Defendant, who was the representative director of the D Co., Ltd. (hereinafter “D”) in Boan-si, Boan-si, obtained a total of KRW 20,000,000 from the victim E, who was the owner of the D, on six occasions through the following:
1. On January 14, 201, the Defendant stated to the effect that “F” restaurant located in Boan-si C means that “If the victim lends 10,000,000 won as it is difficult to make the present home situation difficult, the victim will pay 150,000 won per month, and the principal will be repaid in full until June 30, 201.”
However, the facts are that D was unable to be exempted from an enemy because the financial condition of D was extremely poor due to the embezzlement of public funds by the former head of the business, etc., and the defendant also did not have any property that he had no income at the time, and there was no intention or ability to repay the principal by the due date even if he borrowed the money from the victim.
As above, the Defendant deceptioned the victim and received KRW 10,000,000 from the victim’s account in the name of the Defendant on the same day.
2. Around September 29, 2011, the Defendant stated to the effect that “The Defendant, at the D Office, failed to pay the installments of G Tourist Bus, which is a D’s seated vehicle, and caused the seizure of the said bus from the Hyundai Capital Capital, which would immediately be repaid by selling the said bus, after cancelling the seizure where the payment was made instead of the installments.”
However, in fact, the defendant had the victim pay the installments of the bus on behalf of the victim, so the seizure established on the bus was cancelled, and then considered to cover the D operating expenses with the funds for the sale of the bus. Since there was no property owned by the defendant, there was no intention or ability to pay it as promised to the victim.
As above, the Defendant deceivings the victim, and thereby, from the victim, KRW 18,00,00 to the post office account under the name of D Accounting H on the same day.