beta
(영문) 서울중앙지방법원 2019.07.24 2018고단5931

사기

Text

The defendant shall be innocent.

Reasons

1. Facts charged;

A. On May 7, 2014, the Defendant made a false statement to the victim on May 7, 2014, stating that “The Defendant would immediately repay the borrowed money and to add KRW 300,000 to this interest, as the Defendant would not be able to purchase and sell the money.”

However, even if the defendant borrowed money from the victim, he did not think that it would be used for the repayment of the existing debt or cost of living, etc., but did not think that it would be used for the purchase cost of the original house. At the time, the defendant did not have an intention or ability to repay the borrowed money due to a large amount of

On May 8, 2014, the Defendant issued a cashier’s check of KRW 10 million at a par value on May 8, 2014, and transferred KRW 2 million to the account (Account Number D) in the name of the Defendant on June 16, 2014.

Accordingly, the defendant was given property by deceiving the victim.

B. On October 23, 2014, the Defendant made a false statement that “I would promptly return the original purchase price to the victim with high interest added thereto if I lend money to the victim in the vicinity of the Seoul Jongno-gu Seoul Metropolitan Government B market.”

However, even if the defendant borrowed money from the victim, he did not think that it would be used for the repayment of the existing debt or cost of living, etc., but did not think that it would be used for the purchase cost of the original house. At the time, the defendant did not have an intention or ability to repay the borrowed money due to a large amount of

On the same day, the Defendant received KRW 10 million from the victim’s wife E account (Account NumberF) on the same day.

In addition, the Defendant received the total amount of KRW 55 million from the victim seven times from October 23, 2014 to June 23, 2015, as shown in the annexed crime list.

Accordingly, the defendant was given property by deceiving the victim.

2. Records of judgment.