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(영문) 광주지방법원 2018.10.31 2018고단1856
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who actually runs a stock company B (hereinafter “instant company”).

On April 2016, the Defendant intends to borrow operating funds to C in the name of the Company B in a closed place.

In the event that a loan is made in the name of a corporation for two to three months by the representative director, it will give 20 million won to the width, and the width will not be paid with the loan, and it will not cause any damage.

“False speech was made to the effect that it was “.”

However, in fact, the defendant did not have any property as a bad credit, and even if he did not receive a loan under his name by making C the representative director of the company of this case as the representative director of the company of this case, he did not have the intention or ability to repay C the loan.

On April 14, 2016, the Defendant deceptioned C, and caused C to obtain monetary benefits equivalent to 18 million won, by requiring C to apply for a loan of 18 million won with a joint and several surety as “C” at the D Bank Jin-gun Branch of D Bank Jin-gun, Seoul, which was located in Jinjin-gun, and around April 14, 2016.

2. The facts charged of this case are not the company of this case or D, but C is specified as the victim. The disposal of this case's indictment in fact due to the deception of the defendant is deemed to have been made by the company of this case while the company of this case obtains a loan, and joint and several sureties

However, according to the evidence duly adopted and examined by this court, the defendant did not request C to provide joint and several sureties.

C himself also does not request the defendant to provide a joint and several sureties in this Court, and he testified in this Court that D's person in charge of D's loan has provided a joint and several sureties at his own decision in order to request a joint and several sureties.

Therefore, there is a relationship between the Defendant’s deception and C’s disposal act.

It is difficult to see otherwise.

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