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(영문) 대구지방법원 2017.07.14 2016고단4206
사기
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On April 20, 2015, the Defendant of the instant facts charged in the instant case, at the mutual infinite coffee shop located in Gangnam-gu Seoul, Gangnam-gu, Seoul around April 2015, the victim C may have a big benefit under the pretext of a commission for arranging a loan, by lending a fee of KRW 600,000 to the victim C when it is necessary to borrow bonds KRW 600,000,000.

A few hours of lending KRW 60 million to the effect that the principal and interest KRW 60,000 shall be paid, and KRW 100,000 shall be invested in the victim company following the following day.

However, in fact, the defendant is a bad credit holder at that time, there was no particular occupation and property, and D has expressed its intention that it will not receive a loan of KRW 600 million from the defendant while paying a fee for lending money from the defendant, so even if 60,000 won is borrowed from the injured party, D shall pay the loan fee to D, return the principal and interest, and did not have the intent and ability to invest KRW 100,000 in the victim company

Around 15:00 on April 29, 2015, the Defendant, by deceiving the victim, obtained 60,000 won from the injured party, from the 1st floor coffee store in Gangnam-gu Seoul Metropolitan Government E building to receive 60,000 won as the borrowed money.

2. The summary of the defendant's and defense counsel's assertion argues that the victim lent money to D, and the defendant only delivered 60 million won to D upon the victim's request, and that there is no fraud by deceiving the victim.

3. The victim consistently stated in this court and the investigative agency to the effect that “a person lends KRW 60 million to the defendant and does not lend to D,” and D appears to have expressed his/her intention of opposing the advance payment of KRW 60 million in connection with the loan of KRW 6 billion. The Defendant appears to have been in a position to receive a certain amount of fee if the loan of KRW 6 billion is sexed.

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