(영문) 서울중앙지방법원 2017.06.29 2017고단786

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(영문) 서울중앙지방법원 2017.06.29 2017고단786

사기

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A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On April 2014, the Defendant was running Tranchi retail business, with the knowledge that the victim E was trying to acquire interest income by using old capital in the D shop in the Defendant’s management of Jongno-gu Seoul Metropolitan City Mayor B 1305 on April 2014, and in fact, despite having no intent or ability to pay the principal and interest at the due date, the Defendant would use the money for three (3) months and give the interest of the third (3) months.

Even in the case of a store with the inside of the Republic of Korea, it refers to the one billion won or more, thus reliance on trusting money, and the same month.

4. From that time to August 13, 2015, the said store received from the injured party a sum of KRW 358,000,000 from KRW 50,000,00,000, from that time, from August 13, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the prosecution against E;

1. A copy of the process deed, the account transaction details, and the copy of the promissory note [the defendant shall not borrow money from the victim to make profits by lending his own money to the neighboring merchants of the defendant, and shall make profits from his interest, and shall not take money from the victim from the beginning, but the defendant shall have the intent and ability to pay money at the time of the transaction, but the defendant and its neighboring merchants shall not be able to repay money to the wind that the financial situation of the defendant and its surrounding merchants becomes worse, and there is no intention to obtain money by deception.

However, the above evidence can be considered as follows. In other words, part of the defendant's 128 million won (including 70 million won No. 79-13 times of crime list) that the defendant received from the injured party through his account in the name of his father F, appears to have been lent to the surrounding merchants. However, the amount exceeding approximately KRW 90 million is deemed to have been used by the defendant, and the defendant is the injured party.

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