(영문) 서울서부지방법원 2015.05.21 2015고단662

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(영문) 서울서부지방법원 2015.05.21 2015고단662

사기

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 11, 2013, the Defendant made a false statement to the effect that “A victim C, who was aware of the day of the main restaurant in Jung-gu Seoul, Jung-gu, Seoul, shall be paid with all the money in a lump sum, and the interest shall also be paid in three copies per month if he/she borrowed the money from a large number of persons who have caused any damage to his/her surrounding areas.”

However, the Defendant had no intention or ability to repay the money even if he borrowed the money from the victim due to the fact that the amount of the obligation at the time is equivalent to KRW 130,000,000,000.

Nevertheless, the Defendant, as such, by deceiving the victim, received KRW 19 million from the victim to the Defendant’s corporate bank account on the same day as the loan money, and acquired it by remitting KRW 29 million to the above account on July 10, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Statement of prosecutorial statement concerning C;

1. A copy of deposit passbook;

1. Certificates of deposit transactions;

1. Request for cooperation in investigation;

1. In March 2013, the Defendant had already been liable for a total of KRW 130 million to financial institutions and individuals before borrowing KRW 19 million from the victim, and had already been extended only by the due date in the form of return to the financial institutions and individuals, and had already been in an economic difficult situation, such as having been in arrears with financial institution obligations and having had no particular property from the credit rating up to Grade 10. The Defendant continued the Defendant’s existing work on the grounds that the main points working at the time of the above loan did not have business difficulties due to the business depression, and that the main points working at May 2013 had no business difficulties due to the business depression, etc.

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