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(영문) 부산지방법원 2013.05.08 2012고단7704
사기
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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant is the representative director of "D" in Busan-gu C.

Since the above company paid losses equivalent to KRW 146 million due to the difficulties in its operation from around 2009, it has increased its liabilities from KRW 100 million to KRW 300 million every year, and in 2010, the financial status of its employees, such as delayed payment of remuneration, has deteriorated significantly. In addition, the Defendant did not have any intention or ability to repay such money even if it borrowed money from others due to its lack of personal property.

Nevertheless, on December 24, 2010, the Defendant made a false statement to the victim E at the Busan Busan District Office located in the Busan District of Busan District of Busan District of Busan District, stating that “The amount of KRW 150 million is KRW 100 million used at home and the amount of KRW 100 million for each month shall be paid to the bank as interest and the remainder shall be paid to the bank. The principal shall also be repaid without changing the due date for payment.”

However, as seen above, the defendant did not have any intention or ability to pay interest or principal on the above loan at the due date.

As can be seen, the Defendant, by deceiving the victim as such, provided real estate owned by the Defendant, as security, to the victim, who was the actual supervisor, borrowed KRW 250 million from the Busan Branch of the Daegu Bank, and received money from the Daegu Bank under the name of D (State No. 150 million) as the borrowed money.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, H and I;

1. A complaint;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to reference materials submitted by a complainant);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The defendant and his defense counsel proposed to obtain a loan from the defendant in order to use the money, and D.

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