(영문) 대구지방법원 2013.10.24 2013노813 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2013.10.24 2013노813

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to fraud, 4 million won out of the total amount of damage stated in paragraph (1) of the facts charged was not borrowed by the Defendant from the victim, and the Defendant operated a singing room at the time and had a good credit position, and there was sufficient and adequate intent to repay.

Nevertheless, the judgment of the court below which recognized that the defendant acquired the above money by borrowing nine million won in total from the victim without the ability to repay and intention to do so is erroneous and has affected the conclusion of the judgment.

B. Regarding the attempted fraud, the Defendant, other than a legal expert, filed a lawsuit to confirm the existence of an obligation in the circumstance of dispute between the Defendant and the victim on the borrowed amount itself.

Nevertheless, there is an error of misunderstanding of facts or misunderstanding of legal principles in the court below which found guilty.

2. Determination

A. The summary of the facts charged 1) On October 25, 2008, the Defendant stated that “E” clothing points for the victim’s operation “E” in Yongcheon-si, Youngcheon-si, the Defendant provided that “E” in the “E” clothing points for the victim to purchase the singing machines with good will be purchased, and the amount of KRW 3 million is required. If the Defendant borrowed KRW 3 million, the Defendant guaranteed the same F, which would be repaid after one month.”

However, in fact, the defendant did not have any intention or ability to repay the debt amounting to 30 million won or more even if he borrowed money from the victim, such as the defendant bears a debt amounting to 30 million won.

The Defendant, as such, by deceiving the victim, received three million won from the victim on the same day.

(hereinafter “First Loan”). (B) On December 25, 2008, the Defendant is required to purchase the Defendant’s “on the same date” to the victim at the same place as the above, and the money needs to be further purchased.

ASEAN is a regular public official who attends the viewing, and there is only 2 million won as a surety.

유사 판례

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-수원지방법원 성남지원 2014.12.18 2014고단1974

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