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(영문) 춘천지방법원 2016.01.29 2015고정363
사기
Text

The defendant shall be innocent.

Reasons

1. On September 16, 2013, the summary of the facts charged by the Defendant is within the first floor D of the building of Guro-gu Seoul Metropolitan Government, Guro-gu, Seoul, within the time limit of September 16, 2013, even if the Defendant borrowed money from the complainant E, he did not have the intent or ability to repay, and “I need to pay the money urgently. I are the wife of the Na-gu F.

I need to pay 3 million won, including interest of 2.7 million won, if we loan 2.7 million won as the identity in Korea is reliable, due to the lack of circumstances. I will pay 3.0 million won to the three months.

“A false statement” was made.

The Defendant, by deceiving the complainant as such, received KRW 2.7 million from the passbook (Account Number:H) in the name of the complainant on September 16, 2014 from the complainant, at around 18:49 around September 16, 2014, via the passbook (Account Number) in the name of the Defendant.

2. In order to prove the facts charged in the instant case, the prosecutor submitted the protocol of interrogation of the suspect, the statement of investigation agency E, the complainant, the cash custody certificate, and the detailed statement of deposit transaction to the defendant prepared by the police.

According to the above evidence, the defendant prepared a certificate of cash custody of three million won to the complainant on September 16, 2013 without stating the period for payment, and received 2.7 million won from the complainant on the same day, and the defendant remitted the same to the complainant on October 17, 2013, 200,000 won, 30,000 won on November 30, 196, and 18.1 million won on the same month.

3. Determination

A. First, I examine the content of the loan principal and interest agreement.

The complainant borrowed 2.7 million won from the defendant to the investigative agency and received 3 million won interest, including 3.0 million won after three months.

On the other hand, the Defendant borrowed 3 million won from an investigative agency to this court, contrary to the allegations by the complainant, and received 2.7 million won, subtracting 3 million won from the advance interest, and paid 2.7 million won as interest, and 3 million won as of October 17, 2013, 11.3 million won as of November 16, 201 and 18.

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