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(영문) 의정부지방법원 고양지원 2018.05.25 2017고단3679
사기
Text

The defendant is innocent.

Reasons

1. On September 9, 2012, the Defendant: (a) supplied goods at the hotel coffee shop located in Busan Shipping Daegu, Busan, and (b) supplied goods to D; and (c) purchased shares and (d) purchased shares of D with the purchase of the shares of D, a domestic company as security and with the shares secured by F.

However, if F is unable to repay 30 million won to F by the internal date, the opposing trading measure will be considered to have a big loss, and the company's disclosure will result in a number of managerial difficulties.

The loan of KRW 330 million to 30 million is to be repaid within the number of pages.

The phrase “ makes a false statement.”

However, at the time, the Defendant had a debt amounting to KRW 3.7 billion at a financial institution located in G bank, including KRW 1.5 billion, at the time, and the Defendant did not have any intent or ability to repay the debt even if he borrowed money from the damaged party, since there was a debt amounting to KRW 34.7 billion at a financial institution located in the place of KRW 7 billion, including KRW 21.4 billion, and there was a bad financial standing in the G bank.

Nevertheless, the suspect deceivings the victim as above and acquired 330 million won from the victim to H bank account in the name of the suspect on September 10, 2012.

2. Determination

A. Although it was true that the Defendant received money from the injured party as stated in the facts charged, it was not clearly determined whether the Defendant was a consumer lending relationship at the time, there was no agreement on interest or due date, and there was no fact of deceiving the user of money, and there was a history of change.

B. The evidence presented as shown in the facts charged in the instant case includes the statement of E, E’s statement, and the circumstance that the Defendant was unable to repay the amount to the victim for a considerable amount of time. However, in full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court, the Defendant deceivings the victim at the time of the instant loan.

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