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(영문) 서울중앙지방법원 2017.06.15 2016노4592
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is erroneous in the judgment of the court below that found the defendant guilty, although the defendant conspired with the defendant A in collusion with him/her, he/she did not deceive the victim.

2. In full view of the following facts and circumstances found by the evidence duly admitted and investigated by the lower court, the Defendant conspiredd with the Defendant A to induce the Victim K.

Since it is reasonable to see that the defendant's mistake is without merit.

Defendant introduced the victim to Defendant A on the commercial basis, and the Defendant stated in the process that “the victim is already preparing KRW 20 billion to Defendant A on the commercial basis.”

However, Defendant A did not have prepared 20 billion won, and did not have the ability to prepare the above money, and Defendant A did not confirm whether Defendant A prepared 20 billion won or whether Defendant A could lend 20 billion won to the victim due to the ability of Defendant A.

The Defendant received KRW 20 million from the injured party on the ground that the Defendant stated that the Defendant “in order to execute a loan of KRW 20 billion, requires a securities company’s certificate of performance on behalf of the securities company, and the Defendant may create a certificate of performance on behalf of the securities company, and the expenses incurred therein are required to be KRW 20 million.”

However, even if there is a certificate of subrogated repayment by the securities company, the lending of 20 billion won can not be implemented, and the defendant actually proceeded through T.

The phrase “PF conditional good offices offer” is different from the phrase “securities company’s duty of performance guarantee,” and it does not appear that the Defendant used 20 million won for the issuance of a subrogated duty of performance guarantee.

As to the reasons why the police did not grant a loan to the victim, the defendant may make a letter of promise to lend a security company loan of KRW 3 billion to the injured party, and the injured party shall pay the above money.

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