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Reasons
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(영문) 창원지방법원 2016.04.06 2015고정907
사기
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All the Defendants disclose the summary of the judgment against the Defendants not guilty.

Reasons

1. Facts charged;

A. Defendant B, at around June 2013, borrowed money from the Defendant’s office located in Kimhae-si, Kim Jong-si to the victim E who was aware of the usuality of the money. Defendant B, if so, will lend money borrowed from the following month.

“A false representation was made.”

However, Defendant B did not have any particular income or property, and there was more than KRW 10,000,000,000 to others, and there was no intention or ability to repay the borrowed money from the victim following the recipient of basic living benefits.

As above, the Defendant: (a) by deceiving the victim; (b) obtained the victim from the victim in cash in June 2013; (c) KRW 450,00 won in July 2013; (d) KRW 50,000; (c) KRW 200,000 in August of the same year; (d) KRW 600,00 in September of the same year; (e) KRW 1 million in October of the same year; and (e) KRW 300,00 in cash in November of the same year; and (e) KRW 300,00 won in KRW 30,00 in KRW 250,00 in KRW 30,00 in KRW; and (e) KRW 500,00 in KRW 250,00 in December of the same year; and (e) granted KRW 500,500 in cash in December of the same year; and

B. Defendant A, from September 2013 to November 201 of the same year, has to pay 4 million won to the victim for the card price of the Defendant’s pilot students in the Dongdong-dong, Kim Jong-si from around the same year, and has to pay 150,000 won for every five days.

A false statement was made.

However, in fact, there is no particular property or income, there is a debt equivalent to KRW 200 million, and even if Defendant A borrowed money from the injured party as the recipient of basic living benefits, there was no intention or ability to repay it.

Defendant

A, as above, deceiving the victim and deceiving the victim, obtained four copies of the check from the victim himself/herself at around that time.

2. The Defendants and the defense counsel did not have the intent to obtain money from the victim.

3. Determination

A. Whether fraud is established through the defraudation of the borrowed money is determined at the time of borrowing.

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