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(영문) 서울남부지방법원 2017.11.15 2017고단2214
사기
Text

The defendant shall be innocent.

Reasons

1. On November 201, 201, the Defendant: (a) called the victim B by phone at a Haman’s place; (b) paid 2% interest rate per month if the remainder is leased money due to the shortage of money; and (c) paid money by selling officetels after six months.

The phrase “I,” and “I, on December 1, 201, borrow this KRW 100 million in dental services operated by the victim in Seocheon-gu, Seocheon-gu, Seocheon-si.

The monthly interest rate of 2%, 3% in arrears, and 6 months in arrears shall be agreed.

When interest is paid twice or more, the full amount of the principal and interest shall be paid immediately.

“A certificate of borrowing was drawn up and delivered to the victim.”

However, on January 12, 2011, the Defendant only received office debentures from the Defendant, and the remaining payment date of the said officetel was around 2014. Since around 2006, the Defendant operated it by the so-called “return prohibition” method, which received investments from others and pays interest at a high interest rate to other investors with the said investment deposit. As a result, the Defendant had to pay a high interest rate to other debtors who borrowed money from the damaged party, even if he/she borrowed money from the damaged party, there was no intention or ability to repay the loan.

Nevertheless, on December 1, 2011, the defendant deceivings the victim as above and was transferred KRW 200 million to a passbook (Account Number: E) in the name of the defendant in the name of the defendant.

2. From 2007 to 2012, the Defendant and the defense counsel claimed the amount of money to the Defendant, who voluntarily runs the loan business, has been charged with the Defendant with the loan business, and the Defendant has continued to receive 2% interest per month in return therefor.

As the injured party voluntarily invested KRW 200 million, which was delivered to the Defendant on the date stated in the above facts charged, the Defendant lacks any balance as stated in the above facts charged.

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