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(영문) 광주지방법원 2017.01.05 2016고단2196

사기

Text

The defendant shall be innocent.

Reasons

The summary of the facts charged is that the defendant extended funds to the victim in order to start his/her business through the victim C's penalty D around May 2015, and he/she borrowed KRW 17 million in one month.

Although "," did not have any intention or ability to repay money, even if he/she borrowed money from a person who suffered damage.

Nevertheless, the defendant deceiving the victim as above and transferred KRW 6 million to the Agricultural Cooperative Account under the name of the defendant, including KRW 4 million around May 26, 2015, KRW 4 million around the 27th of the same month, KRW 4690,000 around the 28th of the same month, KRW 2 million around the 31st of the same month.

On June 30, 2015, the Defendant continued to lend KRW 13 million to the victim, as it falls short of the amount borrowed from the victim at the last time through the above D around June 30, 2015, and the amount borrowed up to one month and the sum paid up to the last time.

Even if the victim borrowed money, he/she did not have any intent or ability to repay the money.

Nevertheless, on July 10, 2015, the Defendant was issued 13 million won to the above account on July 10, 2015 by deceiving the victim and deceiving the victim.

However, the defendant asserts to the effect that he borrowed the above money through D, but he did not deceiving the victim C.

As stated in the facts charged, the fact that the defendant received money from D to the defendant's account is recognized.

On the other hand, the following facts can be acknowledged in full view of witness D and C’s respective legal statements and evidence such as each statement protocol, accusation protocol, loan certificate, etc.

① In other words, the Defendant and D had long been friendly with money transactions, but the Defendant and C had no knowledge prior to the instant case.

② At the time of the instant case, the Defendant asked D to provide money and had no surplus funds.

D explained the circumstances to the wife C, and received money as shown in the facts charged and remitted it to the Defendant.

(3) The defendant is charged.