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(영문) 서울동부지방법원 2020.01.21 2019고단471
사기
Text

The defendant shall be innocent.

Reasons

1. Around February 19, 2018, the summary of the facts charged by the Defendant, at the office of the victim C located in Pyeongtaek-si, Gyeonggi-do, the Defendant made a false statement that “D, the inner seat of which is located, is engaged in copper business, and the market price of 50 billion won is bound by the Incheon Customs Office. The inside of the Republic of Korea well-known a high person, such as the Director General of the Incheon Customs Office, and thus, can be deducted from the Guide within 30 million won, and if it is only KRW 30 million, the Defendant would also repay the principal and interest of KRW 3 million within 3 days.”

However, at the time of fact, the Defendant was not well aware of the market price of 50 billion won, which is integrated with the Incheon Customs Office, and the above D’s old project was not a corporate entity and was not an entity. At the time, the Defendant had a debt equivalent to KRW 130 million to the Defendant at the time, and the Defendant did not have any particular property and income and borrowed money from the victim, the Defendant used it from the Incheon Customs Office to use it and did not have the intent or ability to pay the money to the victim.

The Defendant received KRW 30 million from the victim to the Agricultural Cooperative Account in the name of the Defendant on the same day.

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

2. The following circumstances revealed by the evidence duly adopted and investigated by the court of this case, namely, the defendant, upon request from D to the effect that "if Gu interest business is operated in the Gu interest business, and the damage to the Incheon Customs is caused, the balance certificate of KRW 10 billion is required, and if D is being carried out, it is believed that the above Gu interest business is actually being carried out, and the victim believed that "the Gu interest business is being carried out in the Gu interest business, and the Gu interest rate is combined with the Incheon Customs, thereby bringing about the above Gu interest rate of KRW 10 billion, and thus, it is necessary to prove the balance certificate of KRW 30 billion at the expense." This part of the facts charged, stating that "the victim is a victim, as stated in this part of the facts charged."

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