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(영문) 서울남부지방법원 2017.06.08 2017노363

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of the facts and legal principles 1) When the Defendant borrowed money from the victim C, the Defendant had the ability to pay the money to the victim C while operating the I’s entertainment store (hereinafter “instant store”) and the clothing store.

Since the defendant has paid interest on the borrowed money periodically to C, he/she has no intention to acquire it by fraud.

2) Each part of the fraud against the victim J and L was received from the victim J by borrowing money from the victimJ.

However, the Defendant did not intend to commit the crime of defraudation with the failure to repay the money due to the failure to operate the main points of this case.

The defendant did not use the number system as a means of financing, and the plaintiff did not take money by means of a loan certificate under the agreement with the fraternity members because the fraternity members such as J did not pay the amount of money properly.

The injured party L is not a serial member because he/she was admitted to the fraternity under the name of theO (for this reason, the Defendant did not provide L with a loan certificate). Even if the Defendant was unable to pay a loan to L, it cannot be deemed that the crime of fraud is established.

3) Each fraud part against the victim M andO does not intend to commit the crime of defraudation by obtaining money from the victim M because the Defendant borrowed money from the victim M to use it in operating the main points of this case with the victim M and did not pay the money.

In addition, M extended money with well-knownness of the defendant's own ability, and the defendant did not agree to transfer the main points of this case to M.

There is no crime of fraud against M.

O is a person who operates the main points of this case in the relationship between the defendant and the Dong and paid the management expenses of the main points of this case in consultation with the defendant.

The Defendant did not agree to transfer the main points of this case to theO.

There is only a problem of settlement between the defendant and theO.