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Reasons
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(영문) 대구지방법원 2015.11.05 2014고단6690
사기
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The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The facts charged in this case

A. A. Around August 4, 2008, the Defendant against the victim C made a false statement to the victim E office operated by the victim C in Daegu-gu, Daegu-gu, stating that “The victim shall pay the victim KRW 600,000 per month interest rate of KRW 10,000 per month interest rate of KRW 10,000,000 to the F at the time of acquisition.”

However, even if the defendant received money from the victim, he did not think that he would deliver it to F.

Accordingly, the Defendant, as such, by deceiving the victim, received KRW 600,000 from the victim as interest around August 4, 2008, and received KRW 16,680,000 from the victim during September 2, 2010, as shown in the attached list of crimes, and obtained KRW 16,680,00 from the victim during the middle of September 4, 201.

B. On December 11, 2007, the criminal defendant against the victim F expressed the fishing age to the victim F, and the victim F, “This fishing age is considerably high, and the person in Musan was calculated in the fishing age.” When lending money, the defendant would sell money to the fishing age.”

However, even if the defendant received money from the victim, he did not have the intention or ability to repay it.

Accordingly, the Defendant, by deceiving the victim as such, received KRW 400,000 from the victim to the account on December 11, 2007, and received KRW 600,000 from the end of December 2007, and received KRW 500,000 in cash around January 11, 2008, and acquired it by deceiving KRW 1,50,000,000 from the account.

2. Defendant and his defense counsel’s assertion

A. The Defendant received KRW 5 million or KRW 6 million from C under the pretext that he/she would deliver money to F from August 2008 to September 2010, and received KRW 5,430,00 from I’s account, but all of the money was delivered to F, and it did not receive money by deceiving C as stated in the facts charged.

B. The Defendant from F on December 11, 2007.

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