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(영문) 광주지방법원 2017.10.26 2017고단1380
사기
Text

The defendant shall be innocent.

Reasons

1. In the facts charged, the Defendant is a victim E, who is a workplace partner working at the branch of the Suhyup Cooperative Federation D on March 21, 2011, and whose father is self-denunciationed in Seoul.

The father did not comply with the father's opinion that only the cooperation was made in the donation of apartment and caused family business, and the father has recovered the apartment again and the transfer income tax has been high.

The transfer income tax is paid in installments, but there is a shortage of funds to lend money. If the father's relationship is recovered, he will be paid in full.

Interest also means that the interest will be paid.

However, in fact, the Defendant did not receive money from the father, and did not want to pay the transfer income tax. Even if the Defendant borrowed money from the injured party due to the excess of the debt at the time, there was no intention or ability to pay the principal and interest normally.

As above, the Defendant: (a) by deceiving the victim; (b) received money of KRW 10 million from the victim’s new bank account under the name of the Defendant on the same day; and (c) received money from the victim on 14 occasions from January 21, 2014, as indicated in the List of Crimes, until January 21, 2014.

2. The following circumstances acknowledged by the record of the instant case, namely, ① the Defendant and the victim met with the workplace club fee of the Federation of Fisheries Cooperatives in 2008, which was one of their own marriage, and the Defendant and the victim came to death in depth by developing the relationship with each other, and even if the Defendant’s wife was discovered several times, the relationship continued until 2016. The victim was aware to a certain extent that the Defendant’s economic condition was not good because the victim conspiredd with the Defendant for a considerable period of time and was in the relationship with the workplace club fee, and thus, the Defendant’s economic condition was not good.

It is natural to see, 3. The victim shall be the defendant.

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