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(영문) 창원지방법원 통영지원 2019.08.08 2017고단1208
사기
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged of the instant case is false to the effect that “The Defendant, despite having borrowed money from the victim B, did not have the intent or ability to repay the money,” and that it would be paid to the victim during the period of February 2015, by using the money only for six months and complete payment.” The part of the facts charged of the instant case is the same month from the victim.

2. On April 1, 2015, receiving KRW 7 million from the victim’s name C, and “the construction cost at the construction site shall be KRW 5 million from the victim’s name C on the same day.” On June 20, 2015, it is false to the purport that “the construction cost at the construction site shall be KRW 5 million from the victim’s name C, and KRW 5 million from the victim’s name,” and that “the construction cost at the construction site shall be KRW 1 million from the victim’s name, and KRW 1 million shall be lent from the victim’s name to the passbook in the name of the victim’s name on the same day, and on June 24, 2015, it shall be transferred from the victim’s money to the victim’s KRW 3 million from the victim’s name, including KRW 1 million from the victim’s name, and on the same day, the victim’s money shall be transferred to the victim’s KRW 300 million from the victim’s name on the same day.”

2. Determination

A. The Defendant asserted that the Defendant did not deceiving the victim regarding the place of use of the money remitted to the facts charged of the instant case, and denied that the Defendant would have paid the said money at the time of the use of the said money as construction expenses, etc., but did not receive the payment within the due date.

B. The relevant legal principle of fraud is to receive property or property by deceiving another person to make a mistake by inducing such disposal act.

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