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(영문) 수원지방법원 2014.03.28 2013고단2780
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall pay 96,00,000 won to an applicant for compensation.

The above compensation order shall be.

Reasons

Criminal facts

On October 20, 2008, the Defendant entered into a real estate lease contract with the amount of KRW 100 million and KRW 703,00,000,000,000 and KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

On October 201, the Defendant made a false statement to the victim during a business trip in Japan, stating that “I would have a director pay the lease deposit, and would have to refund the lease deposit. In receipt of the deposit, I would have to repay the loan borrowed from Hyundai Capital.”

However, in fact, the defendant stated that the sum of the debt borrowed from the debtor and the debtor at the time is above KRW 120 million in the bill of indictment. However, the amount of the debt stated in the list of individual rehabilitation creditors prepared as of August 6, 2012 is insufficient to be recognized as the defendant's obligation on the date and time, except for the data submitted only, since the amount of the debt stated in the list of individual rehabilitation creditors prepared as of August 6, 2012 is limited to KRW 120 million in the amount recognized by the defendant himself/herself by the prosecutor, and even if modified, it is not likely to substantially disadvantage the defendant's exercise of his/her right to defense. Thus, it is modified ex officio.

In addition, since the company was not operated properly, even if the lease deposit was returned from the victim, there was no intention or ability to repay the loan to Hyundai Capital normally on the scheduled repayment date.

The Defendant, from the victim on November 25, 201, on the lease deposit 100 million won.

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