(영문) 서울중앙지방법원 2020.09.11 2019고단7884

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(영문) 서울중앙지방법원 2020.09.11 2019고단7884

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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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From around December 30, 2016, the Defendant acquired KRW 10 million with the network B, the Defendant stated to the effect that “The Defendant shall borrow money necessary for business with bonds, if it is necessary to pay the money.” The Defendant shall pay the money to the victim C, and the network B refers to “the Defendant shall be a person who was on the bottom of the past National Assembly member. A person who is on the part of the past National Assembly member and is believed to have been on the part of the latter National Assembly member.”

However, in fact, the Defendant did not have certain incomes at the time, and even if receiving money from the victim because it did not need to make an investment, it was influence of consuming money due to living expenses, etc., so there was no intention or ability to repay the money within the agreed date even if he borrowed money from the victim.

Nevertheless, the Defendant was transferred KRW 10 million to the national bank account (D) in the name of the Defendant on the same day from the victim’s end of the foregoing false statement.

2. Around January 3, 2017, the Defendant defraudation of KRW 10 million with the network B, and around January 3, 2017, the Defendant stated to the effect that “if he borrows bonds, it is necessary to make money any more, but the Defendant borrowed KRW 10 million in cash as he/she does not receive the account transfer.” The Defendant stated to the same effect as the victim.

However, in fact, even if the defendant and the network B borrowed money from the victim, they did not use it for attracting business investment funds of the defendant and used it for personal purposes, so there was no intention or ability to repay it even if they borrowed money from the victim.

Nevertheless, the Defendant received cash worth KRW 10 million from the victim, i.e., on the loan, from the victim at the end of the above false statement.

Accordingly, the defendant, in collusion with the deceased B, deceiving the victim, and is about 20 million won in total.

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