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(영문) 의정부지방법원 2013.04.18 2012노2534
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant, with the husband’s monthly income of 2 billion won as a family owner, has no particular income other than the husband’s monthly income of her husband, and if the Defendant had already been in the process of carrying out the business of the J (hereinafter “instant land”) with the 1 billion won amount of debt incurred in the course of carrying out the business of the J inturg and the convalescent hospital, and even if she had no intent or ability to repay the debt from the victim I, he/she was unable to do so 16 times during the period from April 2, 2007 to April 7, 2009. The facts were to be used for the Defendant’s personal debt repayment, etc., but the Defendant borrowed money to use for the settlement of telephone charges or the promotion of the business of the inturg and the convalescent hospital even if he/she wishes to use it for the Defendant’s personal debt repayment, and if the business is well, he/she would thereafter employ I as an employee.

2. In order to borrow money from the victim, the summary of the grounds for appeal refers to the defendant's execution of the business, and the defendant must pay the cost of overseas mobile phone setting, which was required in the course of carrying out the business first, and thus, he/she borrowed money. If the business is well, he/she misleads the victim of the purpose of the loan by making a false statement that he/she would employ the victim as an employee of the de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto de facto

3. The lower court’s judgment, based on the circumstances stated in its reasoning, is insufficient to recognize the fact that the Defendant did not have the intent or ability to repay the borrowed amount, or that the Defendant deceivings I with regard to the use of borrowed amount or employment of employees, and otherwise, is the criminal intent of deceiving the Defendant.

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