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(영문) 대전지방법원 2016.06.01 2015고단3468 (1)

사기

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On September 26, 2012, the Defendant is expected to lend KRW 25 million to the victim E at the Dong-gu Daejeon District D Building Office as security for the victim E at the time of borrowing KRW 25 million on September 26, 2012.

one month which must take place.

A false statement was made to the effect that the market price of the softener market is 10 million won, and that it may receive KRW 4-5,000,000 at present.

However, in fact, even though the above sofabababa, which was offered by the defendant as security at the time, had no value as security since the mortgage was established on the claim amounting to KRW 98 million, it did not notify the victim of the secured debt amount of the mortgage established in Agababababa, and it did not have any intent or ability to repay the debt amount even if the debt amount as the bad credit has reached an amount equivalent to KRW 100 million and there was no other property or certain income from the injured party.

Nevertheless, the defendant had been used by the defendant around September 26, 2012 from the victim by deceiving the victim as such and deceiving the victim.

It received 20,000,000 won from the G's account to the account in the name of G and acquired it by fraud.

2. 판단 ▣ 이 사건 공소사실은 피고인이 그의 변제능력이나 위 굴삭기의 담보가치에 관하여 E를 기망하여 돈을 편취하였다는 것이나, 아래의 사정들을 종합해 볼 때 그와 같이 단정하기 어려움. E, H( 이하 ‘E 등’ 이라 함) 는 위 굴삭기에 설정된 저당권의 피 담보 채무가 이미 변제되었다는 피고인의 거짓말에 속아 위 굴삭기가 충분한 담보가치를 가지고 있는 것으로 잘못 알고 돈을 빌려 주었다는 취지로 주장하나, 그 전부터 차량을 담보로 돈을 빌려 주는 일을 해 오던

E, etc. believe that only the Defendant’s words and that the foregoing secured obligation has been repaid.

In addition, if the above secured debt is actually repaid, it is difficult to see that the defendant has a high interest rate.