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(영문) 수원지방법원 2013.08.14 2012고단6025

사기

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Facts charged and the defendant's assertion

A. On February 8, 2007, the Defendant stated that “If 100 million won is required to make a criminal agreement, 100 million won is loaned money with a loan obtained as a security from NA-owned land to the victim C at a coffee shop located in the Suwon-gu filmdong, Suwon-gu, Suwon-gu, 2007, the Defendant would repay the loan to the victim within 2 years, and the borrower will pay the loan interest on behalf of the principal, and the father D will pay the loan interest on behalf of the principal, and if the compensation is paid, the loan will be repaid even before the due date, and D will be put up as a joint and several surety.”

However, even if the Defendant borrowed money from the victim, he thought that he would use the money for other purposes, such as business funds, and did not intend to use it as criminal agreement money, and even if he did not intend to pay the money to the victim, he did not intend to pay the money to the victim, and was not authorized by D to become a joint and several surety for the said borrowed money.

Accordingly, on February 9, 2007, the Defendant had the victim set up a collateral with the maximum debt amount of 130 million won on E land, the obligor C, and the mortgagee-mortgage cooperative on February 16, 2007, and received a loan of 100 million won on February 16, 2007, and acquired the amount of KRW 90 million on the same day from the victim after deducting the annual interest and expense of KRW 10 million on the loan of 10 million from the victim.

B. The Defendant alleged that the Defendant borrowed money from the Defendant’s father to C through pro-Japanese when the criminal agreement was needed at the time, and the Defendant merely borrowed money from the Defendant’s father to repay even through his father, and did not borrow money from the Defendant’s father as a joint guarantor.

2. The evidence that corresponds to the facts charged in the judgment is written by C and G investigative agencies.