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(영문) 서울중앙지방법원 2018.04.05 2017고단7990

사기

Text

The accused shall publicly announce the summary of the judgment of innocence against the accused.

Reasons

Indictment

1. The Defendant, around May 2015, should change his/her eligibility to stay in Korea (T-8) with the victim G (hereinafter “victim”) in the Lestop in the trade name of “F” located in Jongno-gu Seoul, Jongno-gu, Seoul (hereinafter “victim”).

In order to change the eligibility to stay, 40 million won should be submitted to the person who invested KRW 100 million.

A loan of KRW 40 million shall be returned immediately after the qualification of stay is changed.

“A false statement” was made.

However, even if the defendant receives money from the injured party, he was willing to use the defendant's debt repayment and living expenses, and he did not have any intention or ability to pay it immediately.

Nevertheless, on May 20, 2015, the defendant deceivings the victim as above and acquired a check (the issuer: one bank, one bank, and one check number: H) at par 40 million from the victim.

2. On May 2016, the Defendant: (a) in a restaurant called “F” around May 2016, the Defendant left the victim with KRW 50,000,000 for money exchange funds (hereinafter “F”); (b) and (c) laid off money without paying money.

The rapid fire should be cut to KRW 20,000,000,000. If the 20,000,000 won is difficult, the 10,000,000 won will also be lent. It will be repaid as soon as the rapid fire is extinguishing.

“A false statement” was made.

However, in fact, the Defendant did not transfer KRW 50 million from I on March 2016, but did not change it, and the Defendant did not have any intent or ability to pay the money even if he received the money from the injured party because there was a large amount of personal debt, such as receiving a seizure and collection order.

Nevertheless, on May 31, 2016, the defendant deceivings the victim as above, and acquired 10 million won in cash from the victim on or around May 31, 201 and acquired it by fraud.

Maz.

1. The defendant and several defense counsel's assertion

(a) A loan made on May 20, 2015;