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(영문) 서울서부지방법원 2017.11.10 2017고정26
사기
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The summary of the facts charged by the Defendant is the urgency of money at the E office operated by the victim D in Seodaemun-gu Seoul Metropolitan Government around April 29, 2014.

It shall be repaid ten days after the loan of ten million won.

This interest shall be paid one million won.

The phrase “ makes a false statement.”

However, even if the defendant borrowed money from the damaged party, the defendant did not have the intention or ability to repay it.

As can be seen, the Defendant, by deceiving the victim, was given KRW 10 million after deducting one million from his seat as a prior interest.

Accordingly, the defendant was given property by deceiving the victim.

2. Determination

A. The Defendant and his defense counsel’s assertion did not borrow money from the injured party or deception the injured party as the facts charged.

Although the Defendant loaned money to the Defendant while gambling with F, the Defendant, without any misunderstanding that the actual money was off, had F Burt money wired to the victim, had the victim return money to the victim, and had the victim return money, and had the victim do gambling with the money, and the Defendant claimed that the Defendant was the Defendant’s obligation to pay the money that he did not actually receive.

B. Therefore, there is a statement between the victim D and F as to whether the Defendant received money from the victim as stated in the facts charged and as evidence consistent with the facts charged.

However, considering the following circumstances acknowledged by evidence, it is difficult to believe that the statements of the victim and F are reliable.

1) The victim was in possession of the Groter nine million won through F.

In addition, 2 million won was loaned money to the defendant.

statement is made.

In this regard, on April 29, 2014, the victim received the remittance of 1.8 million won, 2.7 million won, 1.8 million won, 1.8 million won, 1.8 million won, 9 million won (one million won, two million won, and 10% of the advance interest from three million won) from G to the head of a national bank of H, a Dong-in Dong, on five occasions from G, and 5.7 million won, in total on three occasions on the same day.

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