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Reasons
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(영문) 서울남부지방법원 2019.10.30 2019고단388
사기
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 13, 2016, the Defendant: (a) at the Seoul Jung-gu building and the office E office operated by the victim D on June 13, 2016, the Defendant held that “F Co., Ltd., Ltd., within the country, is the Korean branch of the G Group in China; (b) if it lends KRW 100 million to the Chinese head office, it is necessary to pay the principal after three months; and (c) if the maturity date expires, it would pay KRW 200,000,000,000,00

However, the defendant did not have to receive investment from the Chinese G Group, and even if he borrowed money from the victim, he did not have the intent or ability to repay the borrowed money until the promised date.

As above, the Defendant, by deceiving the victim and deceiving the victim, through the H Bank account (I) in the above F name as the borrowed money from the victim, obtained a total of KRW 100 million from each remittance on June 14, 2016, and KRW 50 million on June 23, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness J and D;

1. Partial statement of each police interrogation protocol against the accused;

1. Receipts without passbooks;

1. Text messages;

1. The statement of performance, joint venture contract, and F (Recommendation of Company) (the defendant and his defense counsel), at the time of borrowing money from the victim, received KRW 10 billion from the G Group in China in relation to the capital reduction project, and the defendant's only the picture held by the defendant is worth KRW 6 billion, and thus there is no deception of the victim. However, although the defendant's management company F is not the Korean branch of the G Group in China, the contract party under the "Joint Venture Contract" presented by the defendant in relation to the capital reduction project, as alleged by the defendant, is not the "K Corporation" and the "F Company L," but the above L (1.8 billion won) and the defendant and the defendant (0.5.4 billion won), the defendant and the above L are also the parties to the contract.

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