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(영문) 창원지방법원 2016.10.13 2016노1774

사기

Text

The judgment of the court below is reversed.

The accused shall disclose the summary of the judgment of innocence.

Reasons

1. Summary of the facts charged

A. On June 30, 2011, the Defendant concluded on June 30, 201 to the effect that “The Defendant would take out gold bars, which are the non-funds of the past regime, located in the Southern-dong, Busan-gu, Busan-do, Busan-dong, the Busan-do, to the effect that “The Defendant would take out the gold bars, which are the non-funds of the past regime, under the influence that it would take out of November 30, 201,” and that “the Defendant would pay 5 million won as profits from taking out the gold bars.”

However, in fact, there was no gold leader stored in the underground miter, and the defendant was liable for the debt amounting to approximately KRW 500 million at the time, and there was no fixed property or active property. Therefore, there was no intention or ability to repay the above KRW 55 million.

As such, the Defendant, by deceiving the victim, obtained 55 million won from the victim on the same day, and acquired it by fraud.

B. On November 1, 2010, the Defendant said on November 1, 2010, that “the Defendant would lend money to the victim on November 30, 201,” at the hotel coffee shop located in Busan Jin-gu, Busan.

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

As such, the Defendant, by deceiving the victim, received 5 million won from the victim as the next borrowing money from the victim, and acquired it by fraud.

C. On February 23, 2012, the Defendant was on February 23, 2012, and the Defendant was on February 23, 2012 at an infertility place.

In the same way as in the same manner, 3 million won was received from the victim as the borrowed money and acquired it by fraud.

On May 4, 2012, the criminal defendant was born on May 4, 2012 at a place below Busan on May 4, 2012.

In the same manner as the same as the paragraph, one million won was received from the victim as the borrowed money and acquired it by fraud.

2. Summary of grounds for appeal;

A. The Defendant does not borrow KRW 55 million under the condition that he would repay in the event of removal of gold bars, mits and mits underground in advance, as well as loans to E Co., Ltd. to be established by the victim.