사기
The defendant shall be innocent.
1. On April 201, the Defendant stated that “A victim E of Gangnam-gu Seoul Building 301 stated that “If the Defendant lends money to the victim E because there are many difficulties in drinking house and drinking house loans in the business establishment, the Defendant would return money to the principal within 10 days, along with the interest at 10%.”
However, the Defendant, without again lending money to the recipient loan, intended to borrow money in his/her own name or by lending money to the recipient of the loan regardless of the name of the borrower. Since the Defendant was in an economically poor situation at the time and the person who borrowed money was also unable to repay his/her debt, the Defendant did not have any intent or ability to repay the money properly even if he/she borrowed money from the victim.
As above, the Defendant, by deceiving the victim, received KRW 44.2 million from the victim on May 6, 201 from the Japanese bank account (Account Number: G) in the name of F, and received KRW 4.2 million on nine occasions in total, as shown in the attached list of crimes.
2. Determination
A. (1) We examine whether the Defendant made a false statement that “I will return money to the principal within 10 days with interest on 10% if I lend money because I want to use money in the name of the Defendant by lending money to I use or lend money to I would like to use it to I want.”
According to H and F’s legal statement, etc. as to H and F’s list Nos. 3 and 4, the Defendant borrowed money from H to the Defendant, and H used the money in the discharge of his/her obligation. Thus, the Defendant himself/herself borrowed money.