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(영문) 서울동부지방법원 2013.04.17 2012고단2717
사기
Text

The defendant shall be innocent.

Reasons

1. While serving as C insurance solicitor, the Defendant borrowed 7 million won or more by requiring the victim D to subscribe to the insurance policy, and then making the victim use of money on or around March 24, 2004. The Defendant borrowed 10 million won or more on or around May 6, 2004 and borrowed 10 million won or more on or around May 6, 2004 and borrowed 10 million won or more on or around September 26, 2005 and borrowed 100 million won by requiring the victim to borrow her money. If the victim does not lend her money in addition, he/she would act as if he/she did not pay her money in return for the borrowed money.

On November 7, 2005, the Defendant, on November 7, 2005, made a false statement with the victim’s home located in Seocho-gu Seoul Metropolitan Government E Victim D’s home, stating that “The Defendant would have to pay money to the victim in front of south, by borrowing only 40 million won, and to pay it in full.”

However, in fact, although the Defendant borrowed money from the victim to F, it was difficult to receive the return, and since the Defendant received a large amount of loan from F to lend money, there was no intention or ability to complete the loan even if he borrowed money from the victim.

The Defendant, by deceiving the victim as such, received 40 million won from the victim to the account under the name of the Defendant and acquired it by fraud.

B. From February 2007 to February 2007

3. On February 12, 2007, the Defendant made a false statement that “The Defendant would borrow money and pay it to the victim D,” by posting a phone to the victim D.

However, on the grounds as above, the Defendant did not have any intent or ability to complete payment even if he borrowed money from the victim.

As such, the Defendant, by deceiving the victim, obtained money from the victim to the account in the name of the defendant on February 12, 2007, KRW 3 million on February 28, 2007, KRW 37 million on February 28, 2007, and KRW 10 million on March 5, 2007, and acquired money.

2. The defense counsel's assertion.

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