(영문) 서울동부지방법원 2020.01.06 2019고단1885

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(영문) 서울동부지방법원 2020.01.06 2019고단1885

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All of the prosecutions of this case are dismissed.

All applications for compensation order filed by an applicant for compensation shall be dismissed.

Reasons

1. The Defendant is the relationship with the victim C, and is the relationship between the victim C and the victim B, who is sworn by the victim C, and the relationship between the victim B and the victim C.

1. On June 2017, the criminal defendant against the victim C made a false statement to the victim, “If the victim lent KRW 5 million as he/she urgently required to pay the money, he/she will pay the money only for several months.”

However, in fact, it is uncertain whether the Defendant would be entitled to return the money borrowed from the victim to I again as a business fund, and there was no intention or ability to repay the money borrowed from the victim to the victim in time without any specific property.

Around June 13, 2017, the Defendant: (a) by deceiving the victim; (b) received KRW 3 million from the victim to the K bank account under the name of the J designated by the Defendant; (c) received KRW 2 million from the post office account in the name of the Defendant’s designated on June 17, 2017; and (d) received KRW 2 million from the post office account in the name of the Defendant; and (c) received KRW 95 million from that time until August 12, 2017.

2. On October 18, 2017, the Defendant against the victim B made a false statement to the victim’s husband L at a non-permanent place stating that “A construction work has been carried out by N, while N is carrying out a construction work in a usual manner, if he/she borrowed money due to a shortage of construction costs, he/she will pay 2% interest on a monthly basis and pay the principal after three months.” The victim received the Defendant’s horse from the said L around that time.

However, in fact, the Defendant was planning to lend KRW 50 million from the victim to the above N, and there was no intention or ability to lend money to the victim in time because there was no particular property.

The Defendant, as such, deceiving the victim and deceiving him, is the Defendant around October 19, 201.

유사 판례

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