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(영문) 수원지방법원 성남지원 2018.10.30 2018고정50
사기
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

Indictment

1. On January 13, 2016, the Defendant, at the office E office of the victim D management in Kimpo-si, Kimpo-si, Kimpo-si, paid the principal and interest in installments to the victim on the monthly payment day of each month if he/she lends money to the victim, and made a false statement until April 13, 2016.

However, the defendant did not have any particular income at the time, and was prevented from returning the loan from many loan companies, so there was no intention or ability to pay the loan normally even if he received the loan from the injured party.

The Defendant, as such, by deceiving the victim, received 6.2 million won in cash from the victim, who was in his/her possession, for the purpose of loans.

2. On January 27, 2016, the Defendant requires the victim to prevent the card price from paying at the above E office.

A false statement was made that a credit card loan or cash service is received at the end of the annual leave of absence on the face of the lending of money, and the payment is to be made until February 11, 2016.

However, the defendant did not have any particular income at the time, and was prevented from returning the loan from many loan companies, so there was no intention or ability to pay the loan normally even if he received the loan from the injured party.

As such, the Defendant, by deceiving the victim, was transferred KRW 3 million from the victim, to the Agricultural Cooperative Account (F) in the name of the Defendant on the pretext of loans from the victim.

Judgment

According to the records, the defendant borrowed 4 million won as to the borrowed amount under paragraph (1) of the facts charged.

The victim claimed that 6.2 million won was leased by the victim.

In light of the circumstances in which KRW 4.9 million was deposited at the above date and time of the account managed by the defendant (G NongHyup Bank in G name H), the victim’s assertion may be more reliable, and the defendant repaid KRW 3.6 million to the victim on February 11, 2016.

One of the arguments is that there is no evidence to acknowledge it, and the account of the above G.

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