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(영문) 인천지방법원 2017.11.08 2017고단965
사기
Text

Defendants are not guilty. The summary of this judgment is publicly announced.

Reasons

1. The summary of the facts charged in the instant case is the person who actually runs the J Co., Ltd., and Defendant B was working as the K branch of the Incheon Fisheries Cooperatives from March 2013 to March 2015.

The Defendants knew the fact that the victim M, who is a pastor of the L church, intends to obtain a loan of KRW 30 million from the Incheon Fisheries Business Cooperative as collateral for the forest land N of the wife population at the time when the L church is owned by the L church, and let the victim obtain a loan of KRW 150 million as collateral for the above forest land and use the difference of KRW 120 million from the damaged person.

Accordingly, Defendant B, at the office of the branch office of the Incheon Fisheries Cooperatives, located in Yeonsu-gu Incheon Metropolitan City, around April 18, 2014, lent KRW 120 million to the victim, Defendant B would complete the civil engineering works for construction of a flag capital to the Nan of the wife population at the time L church is permitted.

By September 2014, 2014, fump will be repaid.

The phrase “ makes a false statement.”

However, the Defendants repaid the Defendants’ separate debt amounting to KRW 56 million with the money borrowed from the injured party, used Defendant A’s business funds, etc., and Defendant A paid the money borrowed from the injured party in connection with the construction of the factory site. However, it was uncertain whether the loan was possible at the time for the construction of the factory site and the Defendants did not have any particular property, so even if they borrowed money from the injured party, there was no intention or ability to pay the money up to September 2014.

Defendant

B, on April 18, 2014, after receiving a passbook in the name of the victim, which is deposited in KRW 120 million from the injured party as a loan, from April 18, 2014, it used KRW 120 million from April 18, 2014 to July 9, 2014.

As a result, the Defendants conspired to attract the victim to receive the goods.

2. Defendants and defense counsel's assertion

A. Defendant A does not directly borrow money from the injured party and for this purpose.

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