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(영문) 서울동부지방법원 2017.08.18 2016고단3336
사기
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. On March 2008, the criminal defendant against the victim C is expected to pay the victim C with the money that the husband needs to pay for personnel expenses by promoting the husband.

The phrase “ makes a false statement.”

However, the defendant did not have any intention or ability to pay money even if he borrowed money from the damaged party because the financial situation of the restaurant operated at the time was not good, and there was a lot of existing debts.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received KRW 10 million from the victim as the borrowed money from around that time; (c) and (d) received the total sum of KRW 26.3 million from the victim, as shown in [Attachment] Nos. 1 and 4-6 [Attachment] from April 26, 2012 to April 26, 2012, and acquired it by deception from the victim.

B. On April 2008, the Defendant’s fraud against the victim D, even if he/she borrowed money from the damaged party, as seen earlier, at F. Chinese interest point in the operation of Eunpyeong-gu Seoul E Victim D around April 2008, he/she would be paid back one month if he/she borrowed money from his/her child study expenses and restaurant operation funds to the victim.

In the manner of making a false statement, “The victim was accused of the victim, and the victim was received from the victim four times from the same day to March 5, 2010, 200 million won as the borrowed money, as well as from that to November 201, the victim acquired the total of KRW 50 million from the damaged person, as shown in [Attachment Table Nos. 2 and 3] from that to that of [Attachment Table No. 2 and 3].

2. Determination

A. In other words, the following circumstances are acknowledged by the evidence duly adopted and investigated by this court as to whether the Defendant borrowed KRW 10 million from the injured party, such as the summary of the charges, at least 10 million as to the existence of a borrowing act against the No. 1 set forth in the attached list of crimes: ① The victim C around March 2008 by the police.

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