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(영문) 청주지방법원 2020.06.25 2019노1613

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is as follows: (a) the Defendant’s existing obligation to another person was more than KRW 100 million; (b) the Defendant did not have the ability to repay his obligation to the victims because of the Defendant’s failure to pay his fraternity money in full or in part; (c) the Defendant borrowed money from the victim G was used to prevent the victims from returning its existing obligation; and (d) the Defendant’s obligation was used to repay its existing obligation in most cases; and (e) the interest on the Defendant’s obligation was more than the Defendant’s income from the head of the office that the Defendant operated; and (e) the Defendant was aware of the fact by deceiving the victims by deceiving the victims, such as deceiving the victims that the Defendant could not avoid such circumstance and pay its fraternity money, the lower court acquitted the victims of all the charges of this case, thereby adversely affecting the conclusion of the judgment.

2. Review of the judgment on the grounds of appeal: (a) the court below comprehensively adopted the evidence duly adopted and examined by the court below; (b) the defendant borrowed money from the victims for economic difficulties, such as the difficulty in operating the money to the victims; (c) the victims appear to have been aware of the credibility of the defendant; and (b) the victims have been partly disputed as to whether the payment was made in this case; (c) the defendant continued to pay to the victims B amounting to KRW 5.93 million; (d) the victim D amounting to KRW 24.452 million; and (e) the victim amounting to KRW 79.52 million to the victim; and (e) the court below, as the incidental of the defendant, was responsible for the guaranteed amount of the victims’ debt; and (d) the defendant was regularly receiving money from the Defendant’s workplace and the defendant’s workplace.

(b) to commit fraud.