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(영문) 대전지방법원 공주지원 2018.02.09 2017고단275

사기

Text

The defendant shall be innocent.

Reasons

1. Facts charged;

A. On February 1, 2012, the Defendant’s fraud was made by phone call to the victim C on February 1, 2012 and there is no money to be hospitalized in the hospital by the wife C.

The loan of 5 million won is too rapidly high, and as the money is raised, interest will be paid in addition to the market interest rate.

“.....”

However, even if the Defendant borrowed money from the injured party, he was planned to use the money for a purpose unrelated to the payment of hospital expenses in Yong-Nam, and the Defendant used most of the revenue at the time as business funds related to the D development plan, and there was no intention or ability to repay the money even if the Defendant borrowed money from the injured party due to the existing loan obligations.

As such, on February 1, 2012, the Defendant, by deceiving the victim, received KRW 5 million from the victim, via the Agricultural Cooperative Account (E) in the name of the Defendant.

B. On May 18, 2012, the Defendant committed fraud to Pyeongtaek-gun Victim C, “The D Development Plan was in progress with the Cheongyang-gun Office, and only the head of the Gun was a private person.

35 billion won fake construction work.

“The wife has a lot near A, and the wife is about 30 to 50 million won per square.”

“A statement that emphasizes his/her re-performance, such as the expression “,” was made.

On May 18, 2012, the Defendant would temporarily lend money to the victim up to August 1, 2012, 200,000 won, if the project funds are insufficient in relation to D development projects.

“.....”

However, the Defendant used most of the revenues at the time as business funds related to the D development plan, and there was no need for funds to pay for existing loans, and the D development plan did not seem to be a situation where revenue is anticipated within the near time in the stage of attracting investment, and thus, there was no intention or ability to make changes within the agreed period even if he borrowed money from the damaged person.

As such, the Defendant is the victim.