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(영문) 서울중앙지방법원 2016.05.27 2016고합79
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is that the Defendant, while operating an entertainment planning company, is a person who conducts business related to entertainment planning since January 2008.

The Defendant, around January 2009, lent KRW 1 billion to the Victim F who had worked as executive director in charge of credit at the office of the Savings Bank E (hereinafter “E Savings Bank”) located in Songpa-gu Seoul (hereinafter “E Savings Bank”) to the victim F who had worked in the office of the Savings Bank located in Songpa-gu Seoul (hereinafter “E Savings Bank”) so that he/she could repay the money to G because he/she had been accused of the complaint from G during the current suspension of execution. Domestic, I, and J established the Planning Company by the end of 2009.

“.......”

However, even if the Defendant borrowed one billion won from the injured party, the Defendant did not have the intent or ability to repay the borrowed money from the planning company established under the name of another person until the end of 2009.

Nevertheless, the defendant deceivings the victim as above, and then acquired 1 billion won from the victim as the borrowed money at that time.

2. The gist of the Defendant and the defense counsel’s assertion is that when the Defendant borrowed one billion won from the injured party, the Defendant agreed to repay the profits from the business at the time of repayment, but did not agree to do so at the end of 2009. In fact, the Defendant did not deceive the injured party by doing so.

In addition, the victim introduced the defendant to G and lent KRW 2.5 billion to G, while the defendant was unable to repay the amount of KRW 1.0 billion among them, he borrowed KRW 1 billion to the defendant at the request of G that he did not pay the amount of KRW 1.0 billion in lieu of money, so there is no relation between the defendant's deception and the victim's lending.

The defendant's failure to pay 1 billion won to the victim for a long time is because the defendant's failure to pay 1 billion won to the victim would have deteriorated the defendant's self-sufficiency due to the imposition of about 11.4 billion won after borrowing

3. Determination

A. The intent of defraudation, which is a subjective constituent element of fraud of relevant legal principles, is the crime of fraud.

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