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(영문) 의정부지방법원 고양지원 2015.06.19 2014고단2535
사기
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A defendant shall be punished by imprisonment for one year.

However, 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 is a person who operates a G tourer Co., Ltd. at the office of the F and the second floor of the Silyang-gu Seoul Metropolitan City.

[2014 Highest 2535] On October 18, 2013, the Defendant made a false statement to the victim H that “I will repay the KRW 10 million after borrowing the 10 million.”

However, at the time of fact, the Defendant had no intent or ability to repay the borrowed amount to the victim even if the Defendant borrowed the borrowed amount from the victim because there was no special property other than the above 50 million won, in the situation that the debt of the above travel company continues to increase while operating the above travel company.

Ultimately, the Defendant received a total of KRW 73.95 million from around that time to March 13, 2014 as stated in the separate crime list from around the time of receiving KRW 10 million from the victim’s foreign exchange bank account in the name of the Defendant.

[2014 Highest 2856] On February 13, 2014, the Defendant made a false call to the victim D and made a false statement to the effect that “I will transfer expenses to USD 10,000 to Thailand, if I lend KRW 10,000,000 to the local government.”

However, at the time of fact, the Defendant had no intent or ability to repay the borrowed amount to the victim even if the Defendant borrowed the borrowed amount from the victim because there was no special property other than the above 50 million won, in the situation that the debt of the above travel company continues to increase while operating the above travel company.

After all, the Defendant received KRW 10 million from the victim to the Agricultural Cooperative Account in the name of the State.

【2014 Highest 2937】

1. On April 26, 2013, the Defendant committed the crime: (a) around April 26, 2013, at the said G office’s office, lent KRW 30 million to the victim I; (b) the company’s capital amount is KRW 200 million; and (c) KRW 70 million to the various travel agencies.

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