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(영문) 서울중앙지방법원 2013.08.09 2013노1442
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error) is that the Defendant borrowed money from C (D) in return for reinforcement as well as from Yangsan-si, and it did not belong to the purpose of the borrowed money as it was used in relation to the purchase of land. The Defendant had the ability to repay the money to C at that time.

2. The following circumstances acknowledged by evidence duly adopted and examined at the court below: (i) the defendant alleged that he lent 1.2 billion won and purchased 1.2 billion won and 1.2 billion won of bonds to strengthen military E intending to yield profits through unregistered pre-payment prior to the borrowing of this case; (ii) the defendant did not submit a sales contract which provides the basis for the purchase of the bonds; (iii) he did not lend money to C; (iv) he did not lend money to the bond company with 10 million won borrowed money; and (v) he did not lend money to the bond company with 50 million won and 30 million won to the defendant at his own expense; and (v) the defendant did not use money with 70 billion won and 10 million won as stated in the court below's ruling that he would not have acquired money from C at the time of borrowing; and (v) the defendant did not use money with 40 billion won and 100 million won as stated in the judgment below.

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