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(영문) 서울서부지방법원 2015.11.25 2015고단238
사기
Text

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

Reasons

1. On April 10, 2014, the Defendant indicated 202 of Jongno-gu Seoul Metropolitan Government Cbuilding 202 “D” that “When this Damond is due to the market price of 90,000,000 won, the Defendant would keep this Damond and return it as it is, if the Damond was sold at this time, with a thickness of 35,000,000,000,000,000,000,000,000 won.”

However, in fact, Damond offered as security by the defendant is merely a documentary big, and there was no value equivalent to KRW 90 million, and the defendant did not have the intent or ability to pay the money even if he borrowed the money from the victim.

Ultimately, the Defendant, as seen above, made a false statement to the victim and received KRW 35 million from the victim as the borrowed money.

2. The defendant asserts that he/she received KRW 35 million from the victim, but was under the pretext of investing in gold gifts, and that he/she did not have the Montreal as security.

However, there is only a statement in the investigative agency of the witness E and in this court as evidence that the defendant provided the victim with a fake set of a false security and borrowed 35 million won for a specified period of two months.

However, the loan certificate that the victim himself/herself recognized as having received from the defendant at the time is stated as "a full loan (gold and futures investment)", and the defendant consumeds all 35 million won received from the victim to the gold futures investment, and the victim arbitrarily cut off the safe kept in the defendant's office on September 27, 2014, before filing the complaint of this case, and brought about the contents of the bill without the defendant's permission. In full view of the fact that the defendant asserts that many bails, such as documentary big, were kept by the above safe, the defendant is a fake.

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