(영문) 서울중앙지방법원 2015.03.12 2014노4885

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(영문) 서울중앙지방법원 2015.03.12 2014노4885

사기

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) The defrauded of the victim C (hereinafter referred to as “victim”) used part of KRW 95 million borrowed from the victim on August 1, 2013 in order to reimburse the actual customer’s debt, and only used KRW 1.5 million borrowed on October 31 of the same year due to the aggravation of the Party’s own financial standing.

The defendant did not deceiving the victim as to the purpose of the loan.

In addition, the defendant believed that he would have been able to repay the borrowed money to the victim through the management of the company, and therefore, on August 1, 2013, the defendant borrowed 95 million won from the victim.

9. 26.5.7 million won, and 5.7 million won on October 1 of the same year, each of which was paid as agreed interest.

There was no intention to commit fraud against the accused.

(2) The J, the Defendant’s employee of the Victim G (hereinafter referred to as “victim”) explained that the amount of investment would be used for loan business, including a substitute loan, to the victim. On June 17, 2013, the Defendant received the amount of KRW 100 million from the victim, and used the amount of KRW 50 million out of the said amount to K as the creditor of the Defendant’s operating company, and used the amount of KRW 41.2 million in relation to the actual Defendant’s business to pay to Dae Farming Co., Ltd., the creditor company.

The defendant did not deceiving the victim of the use of the investment money.

Since the defendant had an intention to return the investment money to the victim, the defendant was in accordance with an agreement with the victim on July 15, 2013, and the same year.

8. 14.4 million won, and the same year.

9. 13.4 million won, 2.2 million won on December 13 of the same year, 16.2 million won on December 16 of the same year, and 8 million won on December 16 of the same year, shall be paid in cash to the victims as profits.

There was no intention to commit fraud against the accused.

B. The defendant's assertion of unfair sentencing is to acquire victims' money.

유사 판례

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