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(영문) 대구지방법원 2020.11.20 2020노2666
사기등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the facts charged is a person who has operated the “C” as a main body manufacturing business entity in the Gyeongdong-gun B.

1) On August 10, 2015, the Defendant is a victim F (hereinafter “victim”) at the E office located in Daegu Northern-gu, Daegu Northern-gu, Seoul, around 10, 2015.

(2) The Defendant, at the time of the lending of money to the Defendant, provided that he would repay money. However, at that time, the Defendant had a debt of KRW 100 million or more, and there was no intent or ability to repay the money borrowed from the Defendant’s property or income. The Defendant, by deceiving the victim as such, was remitted KRW 8 million from the victim to the Defendant’s G association account, KRW 1.5 million on September 21, 2015, and KRW 105 million on October 28, 2015, respectively. Accordingly, the Defendant received KRW 105 million from the victim to receive KRW 10.5 million in total. (2) On October 2015, the Defendant, at the above E office, provided that the Defendant would operate the Defendant’s factory of Article 3 of the Mutual Organization of Korea, “C,” and paid the remainder of the money borrowed from the Defendant to the Defendant’s G association account.”

However, there was no intention or ability to repay the above loan with the Defendant's income from around KRW 100 million or more, and there was no intention to pay the above loan due to the above loan, and there was no intention to pay the overdue loan.

As indicated in attached Table 1 of the lower judgment, the Defendant, by deceiving the victim and allowing the victim to borrow KRW 1,30,000,000,000 from the Haban Bank, on February 5, 2016, and allowing the victim to transfer KRW 4,50,00 to the I’s account on February 6, 2016, etc., as shown in attached Table 1 of the lower judgment, the Defendant designated the victim from around that time to March 15, 2016.

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