beta
(영문) 서울중앙지방법원 2013.10.24 2013노1654

사기

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. As to the facts constituting a crime listed in the list of crimes Nos. 3 and 4 in the holding of the court below, the Defendant’s deception does not mean that “the Defendant borrowed money under the name of H even if he was to be used directly by the Defendant,” but rather, “the Defendant has no intention or ability to pay the money even if he borrowed money from the Defendant,” and “the Defendant borrowed money from the Defendant, even if he borrowed money from E, he did not have an intention or ability to pay the money properly.” The Defendant borrowed money as if he borrowed money from H, and the Defendant did not lend money from E to pay the money of KRW 5 million per 1,000,000 or more per person for the purpose of repaying the obligation of H’s loan from E, and thus, the Defendant did not have been aware that the Defendant borrowed money from the existing Ro and S did not borrow money from the Defendant to pay the money to H, and thus, the Defendant did not have to use the money to repay the money.

B. As to the facts constituting an offense indicated in the table of crime Nos. 1, 2, 5, and 9 as indicated in the holding of the court below, ① the defendant succeeded to KRW 200 million, but divided it with his mother-child and loaned the remainder to another person even though the defendant did not actually have enough money, and thus, even if the defendant was aware of the fact that he succeeded to KRW 200 million, such circumstance alone cannot be deemed as having the intention or ability to repay to the defendant. ②