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(영문) 서울중앙지방법원 2012.10.19 2012고단197
사기
Text

The defendant shall be innocent.

Reasons

1. Facts charged;

A. On April 4, 2007, the Defendant stated that the victim D’s house located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Gwangju, 401, “The Defendant borrowed money from the bond company due to the circumstance that the horse was the father of the house in Incheon because it was the father of the house,” and that the Defendant would repay the above bonds and pay interest to the bond company by November 2007, while the principal would be repaid until November 2007.”

However, at the time, the mother of the Defendant did not have a massage place, and at the time, the Defendant did not use monthly income as living expenses. At the time, the Defendant did not have any other special property and did not have any intention or ability to pay the interest, or to pay the principal.

Nevertheless, the Defendant, by deceiving the victim as above, received 43 million won from the above victim to the deposit account in the name of the Defendant for the purpose of borrowing from the above victim.

B. Around April 2007, the Defendant was at the home of the above victim.

After receiving KRW 43 million from the victim as stated in the same paragraph, the victim said that “if the victim lends money through his/her parents, he/she needs to pay the money, he/she shall pay the full monthly interest, and the principal shall be repaid later.”

However, at the time, the defendant did not have the intent or ability to repay the above borrowed money as stated in Paragraph (b).

Nevertheless, the Defendant deceivings the victim as above and acquired 7 million won as the borrowed money from the above victim, i.e., the above victim.

2. The defendant's assertion that the defendant and his defense counsel did not deceiving the complainant by deceiving him, but received the amount of 43 million won that the complainant who had livedd with the defendant at the time knew that he had caused the damage to the defendant, and the amount of 7 million won is not borrowed from the complainant, but guaranteed for E.

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