logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.07.12 2016고정582
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the joint implementer of the Dongdaemun-gu Seoul Metropolitan Government apartment reconstruction project, and the person who was the D representative director.

On May 2012, the Defendant concluded that “The Defendant borrowed KRW 5 million which would pay interest of 2% per month to the complainant at the same place,” and made a false statement to the complainant.

However, even if the above loan was received, there was no intention or ability to repay the money.

The defendant received a total of five million won from the complainant to the National Bank Account (F) in the name of his/her father and wife.

2. The Defendant asserts that KRW 5 million as stated in the facts charged merely received as part payments from an officetel sold in lots, and that the complainant did not borrow the said money from the complainant, and the complainant appeared in this court as a witness and stated that the said money was remitted to the Defendant as part payments of officetels, and that it did not lend the said money to the Defendant, consistent with the Defendant’s above assertion.

The complainant, as stated in the facts charged, remitted money to the part payments on the grounds that he/she stated in an investigative agency that he/she lent the above money to the defendant, but was not treated as the part payments.

I think that it would be possible to punish the defendant who should be lent, and that it would be said that it would be so stated in this Court.

As above, the remainder of the evidence submitted by the prosecutor alone proves the facts charged.

there is no evidence to acknowledge this otherwise.

3. According to the conclusion, since the facts charged in this case constitute a case where there is no proof of crime, the judgment of innocence shall be rendered after the latter part of Article 325 of the Criminal Procedure Act, but the summary of the judgment of innocence shall not be disclosed pursuant to the proviso of Article 58(2) of the Criminal Act, and it is so decided as per Disposition.

arrow