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(영문) 서울서부지방법원 2012.05.17 2012고정277
사기
Text

The defendant shall publicly announce the summary of the judgment against the defendant not guilty.

Reasons

1. The gist of the facts charged was that the Defendant had been accumulated with a debt amounting to 48 million won, and even if the Defendant borrowed money from the victim C in absence of any other stable occupation, there was no intention or ability to repay the money, and even if the Defendant was given a deposit as collateral, the amount of the deposit was deducted due to the failure to pay the monthly rent at once. Furthermore, even if there was no intention to deliver the remaining deposit money to the victim, there was no intention or ability to pay the debt to the victim as collateral.

On October 2009, the defendant showed the attitude that the victim gets off the phone and paid off the phone. The defendant demanded the loan and received three million won from the victim.

B. On December 22, 2009, the Defendant received KRW 10,000,000 from the victim at the Seocho-gu Seoul Metropolitan Government D hotel coffee shop, “The Defendant received the refund of KRW 18,60,000 from the end of March, and on April 9, borrowed the sum of KRW 18.6 million with the money.” On the other hand, the Defendant received KRW 5 million in cash from the victim’s place of payment, and received KRW 1.6 million in total.

C. On January 25, 2010, the Defendant showed an attitude that the Defendant: (a) viewed the victim as having been able to pay by telephone; (b) demanded a loan; and (c) received KRW 1.5 million from the victim.

2. The first police interrogation protocol against the Defendant, the police statement against C, the investigation report (general) - the witness E-mail, etc. under the following circumstances: (i) the Defendant borrowed 2760,000 won (credit of KRW 2,40,000,000) from the victim’s test on December 8, 2009, and subsequently discharged the Defendant; (ii) the Defendant actually joined each of the money as indicated in the facts charged, and (iii) remitted 200,000 won to Dong E on January 5, 2010; and (iv) the Defendant transferred 20,000 won to Dong E on January 5, 2010.

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