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(영문) 대구지방법원 김천지원 2014.10.01 2014고단430

사기

Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person charged with operating “C” from April 200 to December 2013, 200, and supplied raw water, drinking water, fruit, etc. to convenience stores for expressway rest.

On February 2, 2012, the Defendant made a false statement to the victim D, who was aware of a high school line at a place where the place is unknown, to the effect that “The Defendant would pay KRW 25 million to the victim D with the initial capital and security costs, etc. when he/she intends to newly supply the household house house house to the rest area. If the Plaintiff borrowed KRW 25 million, he/she would have to pay KRW 25 million in the amount of money unless he/she would have transferred the right to supply the household house if he/she had given the loan to the rest area.”

However, in fact, the Defendant did not have the ability to repay the said debt within the agreed time limit because the Defendant had been in excess of 100 million won, and the Defendant had been willing to use the money received from the victim as the cost of supplying the said debt.

As above, the Defendant, by deceiving the victim and deceiving him from the victim, was transferred to the account in the name of the Defendant, in total of KRW 25 million, including KRW 18 million around February 21, 2012 and KRW 7 million around February 23, 2012.

2. According to the records, the defendant borrowed 25 million won from the victim, and the victim only borrowed 3 million won among them, and the victim stated that the amount repaid is five million won (18 pages of investigation records, witness D's legal statement), and the defendant also made a statement to the effect that the same purpose is applied to the prosecutor's office (14 pages of investigation records), but the defendant's statement to the same effect on June 5, 2013 out of the above five million won (25 million won as of June 15, 2013 where the defendant agreed to pay 25 million won to the victim (8 pages of investigation records), and the defendant also stated that the amount repaid is three million won in the police investigation (28 pages of investigation records). In light of the fact that the defendant stated that the amount repaid is three million won in the police investigation (28 pages of investigation records), the above two million won is not paid as a repayment for 25 million won as well as as as a payment for the proceeds from the operation of the related defendant's business.