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(영문) 서울중앙지방법원 2015.06.25 2014고단5489 (1)
사기
Text

A defendant shall be punished by imprisonment for six months.

The victim C is not guilty of fraud. The judgment on the acquittal is rendered.

Reasons

Punishment of the crime

The defendant has been working as the representative of D Planning Agency from February 2007.

around August 19, 201, the Defendant, at the D office located in Gangnam-gu Seoul Metropolitan Government, concluded that “the victim F (hereinafter referred to as “victim”) was a victim F (hereinafter referred to as “victim”) who was employed as D’s practice trainee at D’s office in Gangnam-gu, and caused the victim to borrow KRW 5,00,000 from the social loan created by E&P around August 19, 201, and received KRW 3,49,300 out of the loans from the victim to March 27, 2012, as indicated in the attached list of crimes, to receive KRW 33,464,100 from the victim five times in total.

However, due to financial difficulties, the defendant did not have the intent or ability to repay the money to the victim even after borrowing the money from the lending company.

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

Summary of Evidence

1. Partial statement of the witness F in the court;

1. A protocol concerning the suspect examination of the accused;

1. Statement by the prosecution against C and F;

1. Statement of the police statement concerning F;

1. Determination on the assertion by the accused and the defense counsel of the applicant in the table of individual rehabilitation creditors, a copy of the written application, a copy of the notice of scheduled registration of default, a copy of details of transactions, a copy of the general loan transactions, a copy of the notice of scheduled receipt of litigation

1. The summary of the Defendant’s assertion had the intent to repay and had the intent to repay. In particular, since the Music Group affiliated with the Defendant Company received KRW 500 million as the down payment for its activities in Japan, it was thought that the said funds will be repaid with the said funds, there was no intent to obtain the

2. According to the evidence duly adopted and examined by this Court, the Defendant, at the time of borrowing money from F, incurred approximately KRW 160 million to KRW 200 million.

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