(영문) 서울고등법원 (춘천) 2013.05.15 2013노39

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(영문) 서울고등법원 (춘천) 2013.05.15 2013노39

특정경제범죄가중처벌등에관한법률위반(사기)

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The prosecutor's appeal is dismissed.

Reasons

1. The court below found the defendant not guilty on the ground that the defendant had the intent or ability to repay the investment money or pay the dividend at the maturity of payment promised by the victim. The defendant, from the beginning, was unable to proceed with the instant officetel sales business, and was unable to return the investment principal within the time limit promised with the victim, and acquired property benefits by deceiving the victim, and the court below erred in misunderstanding of facts.

2. Determination

A. On November 23, 2006, the Defendant, at the sales office of “E department stores” located in Seocho-gu Seoul Metropolitan Government, the Defendant made a false statement to the victim F that “G Co., Ltd. (hereinafter “G”) carries out a project for the development of office buildings on eight lots, such as Seocho-gu Seoul, Seocho-gu, Seoul (hereinafter “instant project”). If the Defendant invested KRW 1 billion in the said project, the principal amount of KRW 1 billion would be repaid before December 31, 2006, and the dividend amount of KRW 1 billion would be paid by May 31, 2007.”

However, the Defendant, without any particular property, had approximately KRW 5 billion, such as personal debt and joint and several liability, and the said G did not have any particular profit, and the “E department store remodeling business” (hereinafter “PF lending business”) carried out by the “E department store I” (hereinafter “I”) as a separate corporation, was in a situation where only 15 billion won of the debt without any profit due to the failure to complete the sale of the goods. Moreover, the PF lending related to the instant business (hereinafter “PF lending”) failed to seek construction for the time when it is possible to guarantee the said business, and thus, there was no intent or ability to pay the investment amount and dividends within the due date of payment promised to the victim.

As such, the Defendant deceivings the victim, and is against the victim, that is, one billion won as investment money from the victim.

유사 판례

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