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(영문) 대전지방법원 홍성지원 2014.09.19 2014고정102

사기

Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged in the instant case is those engaged in the agricultural products sales business as a partnership business.

1. On September 20, 2012, the Defendants, on September 20, 2012, concluded that “If a business fund is required and KRW 500,000,000,000 is lent, a monthly interest shall be paid and until January 20, 2013 shall be repaid,” and the Defendants, on September 20, 201, prepared a loan certificate stating F (the name of the Defendant A) and B in the joint guarantor column and issued it to the victim.

However, Defendant B had a debt equivalent to KRW 17 million in financial institutions, etc. Defendant A had a debt equivalent to KRW 4.2 million in financial institutions, etc. Defendant A had a debt equivalent to KRW 4.2 million in financial institutions, and Defendant A had no intent or ability to repay the debt to G even if he borrowed the above money from the victim.

Nevertheless, the Defendants conspired to induce the victim as above, thereby deceiving 5 million won from the victim.

2. On October 5, 2012, the Defendants committed the crime on October 5, 2012: (a) at the place specified in paragraph (1) above; (b) at the purport that “If a business fund is loaned KRW 6 million; (c) if a loan is made, the Defendants would pay interest on two copies per month; and (d) until December 30, 2012.” (b) Defendant B would be the debtor, and Defendant A as the guarantor, and issued the victim with a loan certificate, respectively.

However, Defendant B had a debt equivalent to KRW 17 million in financial institutions, etc. Defendant A had a debt equivalent to KRW 4.2 million in financial institutions, etc. Defendant A had a debt equivalent to KRW 4.2 million in financial institutions, and Defendant A had no intent or ability to repay the debt to G even if he borrowed the above money from the victim.

Nevertheless, the Defendants conspired to induce the victim as above, thereby deceiving 6 million won from the victim.

The Defendants and the defense counsel’s arguments are essential at the time of each borrowing of the instant case.