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(영문) 춘천지방법원 원주지원 2015.03.31 2014고단1174
사기
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged is that on March 2014, 2014, the Defendant, at the Defendant’s house located in the Defendant’s house located in Haju-si, would have made a great deal of the Victim D’s business in Japan. At the same time, the Defendant made a false statement that “The Defendant would make payment of KRW 17 billion from the Korea Credit Guarantee Fund to the Korea Credit Guarantee Fund for the business start-up promotion fund in arrears with the payment of KRW 1.7 billion in the delinquent amount of national tax to the Korea Credit Guarantee Fund. If the Defendant borrowed the money to pay national tax, the Defendant would make a false statement that the start-up fund from the Korea Credit Guarantee Fund will be repaid with KRW 1 billion from the date of April 25, 2014.”

However, the Defendant did not have the patent technology related to the galking at the time, did not have any particular property, and did not have any specific plan to receive start-up funds from the Credit Guarantee Fund. Therefore, even if the Defendant received money from the suspect as the borrowed money, he did not have any intent or ability to repay the borrowed money until April 25, 2014, which was promised by the Credit Guarantee Fund to receive KRW 1 billion from the Korea Credit Guarantee Fund.

Around March 28, 2014, the Defendant was transferred from the victim to the foreign exchange bank account (F) in the name of E used by the Defendant for the purpose of borrowing KRW 17 million.

Accordingly, the defendant was given property by deceiving the victim.

Judgment

Considering the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, the Defendant did not have any intent or ability to repay the money from D.

No one shall be deemed to have deceiving D with regard to the place of use of the borrowed money, and there is no other evidence to acknowledge it.

① On June 20, 2014, G Co., Ltd., for which the Defendant was the representative director, was determined by Gangwon-do as a business entity eligible for recommendation for the establishment of a business and the enhancement of competitiveness, and the size of the loan was KRW 700 million.

The defendant borrows money from D.

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