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(영문) 서울서부지방법원 2016.01.27 2014고단1621

사기

Text

The defendant shall dismiss the application filed by the applicant for compensation.

The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is an employee working in corporate bank G G.

On July 2009, the Defendant called the victim F at a Buddhist area in Seoul (Seoul) and called the victim F, “Small and Medium Enterprises need facility funds,” with the approval of the Bank, and with the final approval of the Bank, lend money to the business owners at a high rate of interest first before the loan was paid, and then, if the loan was paid later, the principal is repaid with the money, the Defendant may obtain a high rate of interest without the risk of collecting the money.

The phrase “the lending of money to be used as the above loan” was false.

However, at the time of fact, the defendant had been thought to use the money received from the injured party for repayment of his/her personal obligation because he/she was at a higher level to prevent the return of the principal and interest of the existing obligation by borrowing new money with the amount of KRW 2 billion, and there was no thought to lend the money to the owner of the company who applied for the loan of the facility fund. There was no intention or ability to pay the money received from the injured party in time.

Nevertheless, on December 11, 2009, the Defendant received 70 million won in the corporate bank account (Account Number: I) from the injured party under H as a loan deposit, and received 40 million won in total from around that time to January 26, 2010 in the same way as shown in the list of crimes in the attached Table between around that time and around July 26, 201.

Accordingly, the defendant was given property by deceiving the victim.

2. The defendant and his defense counsel are not guilty of deceiving the victim.

However, it is sufficient that the victim received 40 million won from the victim on seven occasions, such as the list of crimes in the attached list, under the pretext of borrowing money, but it has continuously been engaged in money transactions since it had been repeated and repeated payment, and therefore, the intention and ability to repay was paid.