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(영문) 인천지방법원 부천지원 2017.03.09 2016고단2908
사기
Text

The defendant shall be innocent.

Reasons

1. On July 2, 2015, the Defendant stated that “A victim C, who was aware of while engaging in singing singing singing practice, would obtain a refund loan from another lending company and get a joint and several surety on the same day as the joint and several surety,” and received a loan of KRW 30 million in total from 10,000,000,000 from the main loan, etc., on the same day by having the Defendant as a joint and several surety, and by having the Defendant as the main bond.

Defendant 1 received a loan from the victim as joint and several surety, and received demands from the victim to leave the joint and several surety, and Defendant 1 received a loan from the victim in the place of the police officer in the middle of October 2015, Defendant 2015, by telephone, “No money exists.” The Defendant 1 borrowed money from the joint and several surety with the loan in the name of the victim in the name of the four, and borrowed money from the KON GON GON, etc., and will receive and arrange the loan at other places.

“Falsely false.”

However, in fact, the Defendant did not pay interest on the amount of KRW 30 million at the time, and there was no certain income, and the money borrowed from the injured party was thought to be used as living expenses, so even if he borrowed money from the injured party, there was no intention to repay the loan of the existing lending company, and there was no intention or ability to receive the loan from another place in the name of the Defendant, and there was no intention or ability to repay it.

The Defendant had the victim borrow KRW 31.5 million from D, etc. on October 15, 2015, and received the said KRW 31.5 million from the national bank account in the name of the Defendant on October 16, 2015 as the loan money.

Accordingly, the defendant was delivered KRW 31.5 million by deceiving the victim.

2. Determination

A. The summary of the argument is that the Defendant received the above KRW 31.5 million from the injured party and used it with the victim’s permission, and there is no intention to commit deception or fraud.

(b) judgment;

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