(영문) 창원지방법원 통영지원 2017.04.26 2016고단2028

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(영문) 창원지방법원 통영지원 2017.04.26 2016고단2028

사기등

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

Reasons

Punishment of the crime

[2016 Highest 2028]

1. On October 15, 2013, the criminal defendant against the victim B stated that "a certain amount of interest shall be paid every month if he/she lends a business fund, and he/she shall be repaid two years after the principal shall be paid to the victim." The victim and the victim shall be paid KRW 35 million to the defendant, but the amount of KRW 20 million shall be paid in cash and KRW 15 million shall be exempted from the obligation to return the lease deposit that the defendant bears to the victim, and the defendant shall pay KRW 850,000 per month as interest and shall be repaid two years after the principal is paid to the victim.

However, the Defendant was in arrears with the wages of the employees because the management status of D and E, which was the full-time processing company of the Defendant at the time, was not adequate, and the Defendant was unable to perform the obligation to return the lease deposit of KRW 15 million to the victims, and there was no specific plan to improve the management status of the said companies, and there was no other fixed income, so even if the Defendant borrowed money from the victims, there was no intention or ability to pay the interest of KRW 850,000 per month and the principal.

The Defendant, by deceiving the victim as such, received 50,000 won from the victim to the account under the name of the Defendant’s spouse on October 16, 2013, and received 15,500,000 won as a check from the Defendant’s spouse on the same day, respectively, and acquired a total of 35,000,000 won of the lease deposit by being exempted from the obligation to pay 15 million won.

2. On November 27, 2014, the Defendant against the victim F told the victim F to the effect that “In order to register as a collaborative company with H and register as a collaborative company, it is necessary to change the street funds, and if it is not registered as a collaborative company, it is intended to return the street funds.”

However, the Defendant did not have any specific plan for the registration of H collaborative companies.

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