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(영문) 부산지방법원 2016.07.07 2016고정860
사기
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of the facts charged

A. On May 2009, the Defendant loaned money to the victim in the residence of the victim D located in the Busan-gu Busan-gu, Busan-do, to the extent that the husband is required to pay the expenses for the Amari Hospital, and the insurance premium paid by the domestic insurance premium sold by the domestic government, which is a circumstance. Around May 2009, the Defendant joined the system to pay money to the victim, or to pay money to his/her husband and wife who is employed by his/her graduation from the university.

“A false statement” was made.

However, the defendant did not have any intention or ability to complete the payment even if he borrowed the money from the injured party.

The Defendant, as such, by deceiving the victim, received KRW 14.5 million from the victim’s occupation.

B. The Defendant, around June 2010, lent five million won to the victim at the residence of the victim of the above paragraph 1, around June 2010, and did not yet have to pay five million won to the victim (5 million won).

“A false statement” was made.

However, the defendant did not have any intention or ability to complete the payment even if he borrowed the money from the injured party.

As such, the Defendant, by deceiving the victim, received five million won from the victim’s occupation.

(c)

On December 2, 2010, the Defendant extended the term “50,000 won to the victim immediately, if only 500,000 won,” to the victim on the 111th floor of the E building located in Busan Summer-gu, Busan, and paid off the term with KRW 19,50,000.

“A false statement” was made.

However, the defendant did not have any intention or ability to complete the payment even if he borrowed the money from the injured party.

The Defendant, as such, by deceiving the victim, received KRW 500,00 from the damaged party.

2. Determination:

A. The intent of defraudation, which is a subjective element of fraud, shall be determined by comprehensively taking into account the objective circumstances, such as the Defendant’s financial history before and after the crime, the environment, the content of the crime, and the process of transaction, unless the Defendant makes a confession.

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