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(영문) 인천지방법원 2013.07.24 2012고단11947

사기

Text

The defendant shall disclose the summary of the judgment of innocence against the defendant.

Reasons

1. On November 201, 201, the Defendant: (a) requested the victim C, a social shipman, to the effect that “I cannot use the passbook because I are delinquent and bad credit; (b) I borrowed money from his account; and (c) received KRW 35 million from the party interested in internal affairs to the Agricultural Cooperative (E) account in the name of the victim on November 11, 201.

On November 14, 2011, the Defendant made a false statement to the victim’s office located in F in Gyeonggi-si, 201, stating that “The Defendant would be liable for all the face-to-face loan payments in the name of the debtor C, who is liable to pay KRW 35 million to D, with a loan certificate issued on November 11, 201.”

However, in fact, the Defendant was in bad credit standing and was operating a gas station with money borrowed from the victim. As such, the Defendant did not have any intent or ability to repay the money even if he issued a certificate of borrowing the victim’s name and borrowed money from D.

As such, the Defendant, by deceiving the victim, had the victim prepare and deliver a certificate of borrowing that the victim received KRW 35 million from D on the pretext of borrowing money, and had the victim bear a debt equivalent to the above amount.

Accordingly, the defendant deceivings the victim, thereby acquiring the pecuniary benefits equivalent to 35 million won of the loan certificate.

2. The facts charged of this case are that the victim was liable for the debt amounting to KRW 35 million on the wind of preparing a loan certificate under the name of the defendant as the victim belongs to the defendant. In order to be found guilty of the facts charged of this case, it should be acknowledged that the victim was not liable for the debt amounting to KRW 35 million on the premise that the victim did not return the debt amounting to KRW 3

However, the instant evidence, in particular, the relationship between the parties, which can be known by witness D, G’s legal statement and evidence at the investigative agency, and the process of borrowing money and partial repayment.