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(영문) 대법원 1975. 1. 28. 선고 74도2738 판결
[사기][공1975.5.11.(511),8371]
Main Issues

In case where a specific person obtains a loan by deceiving the borrower to be used only for the specific purpose of the specific person, and the nature of fraud;

Summary of Judgment

A person who is not a cultivator or a person who is not a cultivator or a person who is not a farmer for a purpose other than the purpose of the cultivation project shall divide the amount of the project funds that cannot be loaned to a third party to be consumed for a purpose other than the purpose of the cultivation project, and if a person who has obtained a loan for the project funds prepares related documents as if he/she used the loan in full for the cultivation project, and pays some of them to a third party, fraud is constituted

Escopics

Defendant

upper and high-ranking persons

Prosecutor

original decision

Daegu District Court Decision 74No508 delivered on August 23, 1974

Text

We reverse the original judgment.

The case shall be remanded to the Daegu District Court Panel Division.

Reasons

Judgment on the Prosecutor’s Grounds of Appeal

According to the facts established by the court below, if the defendant is the owner of the above agricultural cooperative (hereinafter the above agricultural cooperative) with the upper limit of 30 million won for the 1,200,000 won for the 3rd loan loan from the above agricultural cooperative (hereinafter the above agricultural cooperative, the above 1,50,000 won for the above 1,20,000 won for the above 1,000 won loan from the above agricultural cooperative and the above 3rd loan was used for the above 3rd loan, and there is no security interest for the 8,780,00 won loan and the above 4,00,000 won for the above 1,00 won loan for the above 3rd loan and the above 1,580,000 won for the above 1,000 won loan for the above 1,000 won loan and the above 3,000,000 won loan will not be used for the above 1,000 won loan for the above 3rd loan.

Therefore, it is so decided as per Disposition by the assent of all participating Justices.

Justices Presiding Justice (Presiding Justice)

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