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(영문) 의정부지방법원 2015.03.17 2014고단3599

사기

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant was in a relationship with the victim C.

1. On February 2, 2008, the Defendant, at the victim’s house located in Gui-si, Gui-si, stating that “The Defendant shall repay the victim with a loan of KRW 100 million to the victim’s business.”

However, even if the defendant borrowed money from the victim, he did not intend to use the money for E operation fund operated at the time, and was thought to use it for the fund fund.

The Defendant, as such, made the victim make a false statement to the victim, and caused the victim to be provided as security at the central point of the Simti Bank, in the name of the mother of the victim, F apartment 305, 803, and 100 million won, and received KRW 100 million from the G account in the name of G around February 29, 2008.

2. Around March 2009, the Defendant stated that “The Defendant would lend money to the victim to whom deposit should be made, and would pay the money to the victim upon settlement of the instant case.”

However, even if the defendant borrowed money from the victim as a deposit money, he did not have any intention or ability to pay the money to the victim after the discharge.

Around March 30, 2009, the Defendant received KRW 34.3 million from the victim’s new bank account in the H’s name.

3. On May 2010, the Defendant concluded that “Around May 2010, the Defendant would pay interest of KRW 1,000,000 per month higher than bank interest if the Defendant lent money to the victim.”

However, the defendant was engaged in the bond business at the time, and was scheduled to lend money to another person with bonds. However, due to the characteristics of the bonds, even if he borrowed money to another person, he did not have the intention or ability to recover and pay the money to the victim

On May 3, 2010, the Defendant, as such, made a false statement to the victim and received KRW 50 million in cash from the victim in the vicinity of theJ located in Guri-si I around May 3, 2010.

2. Determination: Ga. Ga.