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(영문) 의정부지방법원 2017.10.18 2017고단2926
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged of the instant case and the victim C are the space between the Defendant and the victim who liveded from around July 2009 to around around July 201, 2010.

On April 24, 2010, at the victim's house D and 203, the Defendant borrowed money from the victim's house "I wish to lend money to the victim's house purchased from the Chinese apartment in return for the purchase of the apartment and the loan to the Chinese apartment in return for the loan of KRW 24 million. If I want to lend money, I will jointly take the house purchased from China in the name of the co-ownership.

The phrase “ makes a false statement.”

However, even if the defendant borrowed the above money from the injured party, the defendant did not have an intention to repay it, and there was no intention to jointly use the house in China.

The Defendant was transferred 24 million won to the Nonghyup Bank account in the name of the Defendant from the damaged person.

2. The defendant's assertion that he/she received KRW 24 million from the injured party, is inconsistent with that that he/she received KRW 24 million, but on April 23, 2010, the injured party assaults the defendant and thereby the defendant hedging against the injured party.

on April 24, 2014, a settlement is made by the injured person, and the deceased person was living together.

to mean the settlement amount of KRW 24 million, and not deceiving the victim as described in the facts charged.

The argument is asserted.

3. Whether the defendant has received 24 million won from the injured party as to whether he/she borrowed the loan.

A. First, we examine whether the Defendant received 24 million won from the injured party from the borrowed money or not.

1) On April 23, 2010, there was a dispute between the defendant and the victim and during that process, the fact that the defendant assaultsd the victim (the 28th page of the evidence record, the C witness examination page, the 10th page), and on April 24, 2010, the next day, the fact that the victim remitted the amount of KRW 24 million to the defendant's account (i.e., KRW 5 million x KRW 4 million x four million) (Evidence Record 5,6th page, the 43th page) is recognized (Evidence Record). 2) The victim was the money leased consistently from the complaint of the defendant in relation to the legal nature of the above KRW 24 million to the investigation agency and this court (Evidence Record 3, the 9th page, the 56th page, the 103rd page, the 103rd page.

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