(영문) 의정부지방법원 2018.02.22 2017노3184

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Reasons

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자간(%)

(영문) 의정부지방법원 2018.02.22 2017노3184

사기

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, who borrowed KRW 300 million from the victim D, did not have the intention to obtain money by deception because he/she had the intention and ability to pay interest to the victim.

B. The punishment sentenced by the court below against the defendant (one year of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s judgment as to the assertion of mistake of fact and the evidence duly admitted and investigated by the trial court. In other words, the Defendant recognized that the Defendant borrowed money from the injured party with insufficient means to repay the money in the lower court’s court, and ② the Defendant paid interest to the injured party. As such, the Defendant had the intent or ability to repay the money

However, the defendant borrowed a total of KRW 200 million from the injured party on August 10, 2007 and on March 14, 2008, and paid interest of KRW 200,000 per month until he/she borrowed a total of KRW 100,000,000 per month. However, from the day after additional borrowing KRW 100,000, the interest was suspended and the contact was avoided with the injured party. ③ On August 9, 2007, the defendant divorced from the H around March 2016 by the victim.

The third floor of the building E, the third floor of the building in the Nowon-gu, Seoul Special Metropolitan City, and the F site and the house of the voice group, which are sufficient to be owned by J, will be provided as security.

In the end, on December 20, 2007, the Defendant borrowed KRW 200 million to the Bank of Korea, Inc., Ltd., for setting up the maximum amount of KRW 54 million against the third floor of the building E, but did not notify the victim of the above circumstances when he additionally borrowed KRW 100 million. ④ On April 22, 2008, the Defendant created the right to collateral security against the third floor of the building E, KRW 303,000,000,000,000 for the above E’s land, and KRW 240,000,000,000 for the F’s land. ⑤ Some of the Defendant loaned from the injured party the amount of KRW 30,000,000,000 for the debt repayment or cost of living, not for the business fund, and ⑤

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