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(영문) 대전지방법원 2018.02.01 2017고단1628
사기
Text

The defendant shall disclose the summary of the judgment of innocence against the defendant.

Reasons

1. The summary of the facts charged [criminal record] The Defendant was sentenced to eight months of imprisonment with prison labor at the Daejeon District Court on December 7, 2016 and the judgment became final and conclusive on October 24, 2017.

[Criminal facts] The Defendant is a person who actually runs the F Co., Ltd. under the name of his spouse E in the voice group D in Chungcheongbuk-gun.

On December 2, 2013, the Defendant lent 100 million won per month to the victim G as security the machinery in F factories as security because there is no material price for the FF to receive goods from the victim G at the above F office.

“...”

However, even if the defendant borrowed money from the injured party, he was thought to use it as the repayment of the existing loan and the monthly payment of the staff, but did not have the intent or ability to use it as the material purchase price, and there was no intention or ability to pay the principal within the agreed due date for payment of interest of KRW 2 million per month or within the agreed due date for payment, and the machinery agreed to provide as a security was not owned by the defendant.

As above, the Defendant: (a) by deceiving the victim as above; (b) obtained KRW 20 million from the victim to the bank account (I) in the name of H on the 17th day of the same month; (c) KRW 20 million around the 26th day of the same month; (d) KRW 5 million around January 9, 2014; and (e) KRW 40 million around the 14th day of the same month; and (e) acquired KRW 15 million in total by remittance around the 17th day of the same month.

2. Determination

A. The relevant legal doctrine of fraud is established by deceiving another person by deceiving him/her, leaving him/her in mistake, and obtaining property or pecuniary benefits by inducing his/her disposal act. It must be related to deception, mistake, and property disposal act.

Whether a certain act constitutes a deception that causes others to fall into a mistake, and whether such deception and the disposal of property are related to a mistake, is the situation of the transaction.

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