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Reasons
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(영문) 의정부지방법원 고양지원 2014.12.18 2014고정474
사기
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The accused shall publicly announce the summary of the judgment of innocence.

Reasons

1. On May 20, 2008, the Defendant stated that “The Defendant shall pay off the money borrowed prior to the month, as the Defendant’s office located in Yongsan-gu, Yongsan-gu, Seoyang-gu, Seoyang-gu, Seoul, that “The Defendant is drinking house, which is not good for the games, and is good for the construction business.” This is the need to enter the office in relation to the construction business, and the end of the day this is required to lend the last 20 million won.”

However, even if the defendant borrowed money from the victim, the defendant did not have the intent or ability to repay the money as promised.

The Defendant, as such, by deceiving the victim, received KRW 20 million from the victim as the borrowed money on the same day.

2. As evidence consistent with the facts charged in the instant case, in particular, evidence that D lent KRW 20,00,00 to the Defendant is consistent with the facts, there are statements and complaints in the investigation agency of D, E’s legal statement, and prosecutor’s statement of E.

However, such evidence cannot be trusted in light of the following circumstances as revealed in evidence duly adopted and examined by this Court, and there is no other evidence to acknowledge it only by other evidence, and there is no other evidence to acknowledge it.

① On May 20, 2008, D loaned KRW 20,000,00 from the defendant’s office to the defendant’s office, and stated that the defendant paid KRW 20,000,000 to the defendant in cash at the defendant’s office. At the police investigation upon the above defendant’s request, D collected KRW 20,000,000 in cash and gave KRW 10,000 to E as a furniture, and the remainder was lent to the defendant.

In the end, the main purpose of D's statement was to give 20,000,000 won to the defendant at the defendant's office on May 20, 2008.

② On the other hand, E visit the Defendant’s office, such as D and networkF, in investigating the prosecution, and visit the Defendant’s office to KRW 10,000,000.

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