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(영문) 대전지방법원 2014.06.11 2013고단708
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is a person who is serving as a professor of G University while operating (a)D in Daejeon Pung-gu C (hereinafter “the foregoing company”) and a F entertainment tavern in Daejeon Pung-gu E.

On February 25, 2010, the Defendant made a false statement to the victim H (the 40-year-old age) at the above company’s office, stating that “A’s punishment is required to operate the said store, but, if a person lends money of KRW 17 million, he/she would make repayment to the said person as an interest, he/she would make repayment to the said person.”

On March 2, 2010, the Defendant continued to show the status of sales and orders of the above company to the victim at the office of the above company. On March 2, 2010, the Defendant made a false statement to the effect that “The sales and orders of the above company are good and the operating funds of the above company are required at one time, and thus only 40 million won are borrowed, so if so, it will not cause damage to the victim by paying on behalf of the whole balance of the sales price of the name lighting paid by the victim.”

However, at the time, the Defendant was unable to pay the principal and interest on the amount of KRW 960 million in thickness of creditors I, J, K, and L, as well as on the fact that credit card use was not paid, and thus, there was no intention or ability to pay the said amount by subrogation even if the Defendant borrowed money from the Defendant.

In addition, the Defendant borrowed 300 million won from the victim over several occasions in addition to the above borrowed amount, but failed to repay it. As seen above, the Defendant borrowed money from the victim for the purpose of operating the said company, and as such, as long as the money was generated by the said company, it has been repeated to repay interest on the borrowed amount to the victim and borrow money from the victim.

As such, the Defendant, by deceiving the victim and deceiving him/her as such, KRW 39,360,000,000,000,000,000 from the victim, and KRW 40,000,000,000,000,000,000,000,000 for the said money, on February 25, 2010.

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