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(영문) 수원지방법원 2015.07.09 2015노2529

사기

Text

The defendant's appeal is dismissed.

Reasons

1. At the time of the summary of the grounds for appeal, the Defendant made a financial investment to I known to the Defendant, and the victim, who became aware of the grounds for appeal, wanted to make an investment, and the Defendant received the instant loan amount of KRW 30 million from the victim and delivered it to I for the said investment purpose, not to obtain the instant loan money from the victim.

2. The judgment of the court below is based on the evidence duly adopted and investigated. ① The victim stated to the effect that "the defendant would have lent money by promising that he would pay interest in a short period if he borrowed money." ② The defendant paid the amount of KRW 40 million,000,000,000 to I, which was known in the Section at the time, as investment, as well as the fact that the defendant paid the amount of KRW 10,000,000,000 to I, but there is no evidence to confirm whether the loan was additionally paid. ③ If the defendant paid the amount of KRW 30 million to I,00,000,000,000 to I, it is general that the defendant prepared a letter of agreement or a certificate of loan that can confirm the payment of the amount of the loan, and the defendant could not have paid it to the victim for a long period of time, even if he did not possess such documents, and the defendant could not have been aware of the specific personal information of I, and the defendant's assertion to the effect that the above money was repeatedly paid to the victim.

3. Conclusion.