(영문) 부산지방법원 2014.06.11 2014고단3214

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2014.06.11 2014고단3214

사기

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A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant and the victim decided to open the duty-free cosmetics in Busan, and the Defendant and the victim C have made each investment of KRW 200 million, and KRW 200 million, which is required to make an additional investment of KRW 50 million at the interior cost. The Defendant and the victim did not have cash that they had to make an additional investment of KRW 100 million, and they did not pay the full amount.

On March 2013, 2013, the Defendant made a false statement that “The Defendant would receive a loan from the Defendant as collateral on a face of KRW 50 million from the Plaintiff, because it is not possible to make an additional investment because it has no cash.”

However, the defendant did not have cash in addition to real estate, and the defendant did not have any intention or ability to complete the payment, even if he borrowed money from the victim because he did not return it to the victim.

As a result, the Defendant, by deceiving the victim as such, was given 50 million won as a loan from the victim around that time.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement among the suspect interrogation protocol of the defendant against the defendant

1. Each police statement made to D and E;

1. Investigation report (Hearing the F Call Statement of Witnesses) and investigation report (review the details of deposits in investment);

1. Application of Acts and subordinate statutes to investment funds and share agreements, transfer certificates, copies of content certificates, and notices (suspension of the return of investment funds);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. The defendant and his defense counsel who received 50 million won from the victim is not a borrowed money but a honorarium. Even if a domestic loan is made, the victim's intent or ability to return it as the owner of the building with 2 billion won.

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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