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(영문) 서울서부지방법원 2018.12.14 2017고단4020
사기
Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. Around June 23, 2017, the Defendant: (a) around June 23, 2017, at the “C” office in which the second floor of the Yongsan-gu Seoul Metropolitan Government building B was the representative of the Defendant; (b) through the above C director D, the Defendant borrowed KRW 245 million to the victim E to be used to certify the balance of the company because the corporate assessment of the F F representative of the Plaintiff is scheduled; and (c) subsequently, he/she falsely stated that he/she will return the balance on June 30, 2017.

However, in fact, even if the Defendant borrowed money from the injured party through D, it was thought that it will be used for operating expenses, repayment of debts, etc., and there was no intention or ability to return it to the injured party on June 30, 2017.

On June 23, 2017, the Defendant, by deceiving the victim as above, and by deceiving the victim from the victim, 20 million won to the H bank account (I) account (I) of the Defendant’s husband F, and 45 million won to the same account on June 29, 2017, and acquired 245 million won in total.

2. The gist of the Defendant’s assertion is not that the Defendant and the defense counsel did not borrow money from the victimized person without the intent and ability to repay, but used the borrowed money for the purpose of proving balance by remitting it to the G corporation account, and the Defendant did not receive money from the time of borrowing the borrowed money to the point of view that it used the said money in repayment, etc

3. Determination

A. According to the evidence duly admitted and examined by this court, the following facts can be acknowledged.

1) On January 7, 2015, the Defendant: (a) completed the registration of a business operator with “C” on the part of the Defendant and D’s obligation; (b) operated the wholesale business, etc.; and (c) the Defendant’s husband F was working as a director in-house director of G Co., Ltd.

D used the above C's position as a director, and used it by receiving a large amount of operating funds from the defendant.

(2) D shall bear obligations owed to the defendant in connection with C operation, August 2015.

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