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(영문) 수원지방법원 안산지원 2016.12.14 2015고단4104

사기등

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged “2015 Godan4104: Fraud, around December 16, 2014, the Defendant stated that “The Defendant would settle legal disputes, such as termination of the provisional attachment registration on the I land at the time of Ansan, and pay 30 million won to F by December 31, 2014,” which was prepared on the same day between the Defendant and F, with the victim’s agreement stating that “The Defendant would pay 30 million won to F by December 31, 2014, if he/she lends 30 million won.”

However, even if the defendant received money from the victim as agreed money, he thought that he will use the money for the payment of delinquent taxes and the payment of goods. At the time, the court did not have any intention or ability to repay the money borrowed because the defendant had a debt of approximately KRW 400 million, and the defendant did not have a debt of KRW 100 million.

Around December 31, 2014, the Defendant received KRW 20 million from the victim to the Agricultural Cooperative Account under the name of the Defendant and acquired it through money borrowed.

[2016 Highest 731] Around July 7, 2010, the Defendant agreed to pay the remainder of money to K in the following month after receiving the payment from the card company in the name of J and deducting 13% in the name of the commission from the card company when he/she entered into a contract with the victim K for sale (specific purchase). On July 7, 2010 with the victim K for sale and operation of the store in the above east P, if he/she pays the amount of goods to be received from customers by using the card terminal in the J’s name.

On April 20, 2014, the Defendant received the card price from the card company to the above account and did not return the amount equivalent to KRW 6,628,726, which was kept for K for business purposes, and consumed voluntarily as operating expenses, etc.