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(영문) 전주지방법원 2018.07.18 2017고단2547

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: (a) on August 208, 2008, the victim E is not obliged to pay the insurance company’s insurance premium already paid to the insured; and (b) the Defendant, as a member of the fraternity, has to receive the time limit money in advance; and (c) there is a lack of money to pay the time limit money in advance to the fraternity.

The term “to pay part of the principal of each month and the interest on the second part of each month” was stated as follows: (a) to lend the insurance premium to be paid to the company and the payment to be paid to the company.

However, in fact, the Defendant had no special property at the time, and rather was liable for 22 million won, and the amount of money paid as wages was not fixed, and most of them did not have the intent or ability to repay the amount even if they borrowed money from the victim by using card payment, etc.

Nevertheless, on August 5, 2008, the defendant deceivings the victim and acquired 3.855 million won from the victim's account under the name of the defendant from the victim, and acquired 117,750,000 won in total from around that time to January 11, 201, such as the list of crimes in attached Form 53 times.

2. The Defendant asserts to the effect that each of the above amounts, which he received from the injured party, was not received as a part of the fraternity, but as a loan.

In full view of the following circumstances acknowledged by the evidence investigated by this court, it is difficult to believe that the victim's statement that the defendant accused by deceiving the victim as stated in the above facts charged is false, and the remaining evidence submitted by the prosecutor alone is insufficient to recognize the above facts charged.

1) First of all, in relation to the transaction details from August 5, 2008 to July 28, 2009 in the list of annexed crimes, the defendant is a person for the above period.