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(영문) 서울북부지방법원 2020.02.13 2019고단2275

사기

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is that the Defendant, around March 2010, at “D” dan operated by the victim C in Seoul Special Metropolitan City Gwangjin-gu, the Defendant made a false statement to the victim stating, “A vehicle owner’s urgent circumstances require KRW 35,00,000 to pay money within 1-2 months if he/she lends money as security.”

However, the defendant did not have an intention or ability to repay the vehicle at the due date, even if the defendant provided the vehicle as security or borrowed money from the victim.

As such, the Defendant, by deceiving the victim, received cash of KRW 35,000,000 from the victim twice around that time, and acquired it by deception.

2. As to the facts charged of this case, the Defendant did not borrow money from the victim, but argued that the Defendant, at the time of gambling, lent so-called but contributed to the investment of the victim.

Comprehensively taking account of the following circumstances acknowledged by the record, the defendant committed an act of lending butts money on the gambling board as security, and even if the victim did not directly invest in the money as alleged by the defendant, it is reasonable for the victim to know that the defendant was aware of the fact that he was able to take a vehicle on the gambling board as security and to borrow money with the interest of the interest of the interest, and that he was to lend the money for the above purpose. Since the defendant secured the vehicle as security, the victim merely lent the above money because he was able to believe the ability to repay and receive considerable interest, and the defendant did not intend to offer a security to the victim.

It is difficult to conclude that there was no intention or ability to repay, and the evidence submitted by the prosecutor alone is insufficient to recognize the deception against the victim.

The defendant, around 2010, tts butts at gambling boards.