(영문) 대전지방법원 2015.04.30 2014노2354 | 리걸엔진

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Reasons

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(영문) 대전지방법원 2015.04.30 2014노2354

사기

Text

Defendant

The appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. It is true that the defendant received KRW 35 million from the victim's account in the name of the Dispute Resolution Co., Ltd., but the defendant did not deceiving the victim as stated in the facts charged, but actually used the amount equivalent to the above money in the case of the Dispute Resolution Co., Ltd., the office deposit deposit in the office of the Dispute Resolution Co., Ltd., the non-military-military-military-military-military-military-military-military-military-military-military-style loan construction business (hereinafter "the business in this case"), and there was no intention to commit fraud because he had already been repaid to the victim.

B. In light of the legal principles, the Defendant borrowed KRW 10 million from the victim on July 14, 2006, regardless of the instant business, and thus, it is distinguishable from KRW 35 million previously borrowed. The date of the last borrowing KRW 35 million was June 23, 2006, and the date of the instant indictment was July 4, 2014. Thus, the prosecution against the said KRW 35 million was instituted after the lapse of the statute of limitations for 7 years.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, it is sufficiently recognized that the Defendant, by deceiving the victim and by deceiving the victim to acquire 45 million won in the account in the name of the Bank of Korea.

① From the police to the original trial, the Defendant, from the police to the trial court, would have to go to the dynasium, golf course, and the dynasium in the dynasium in the dynasium in the dynasium in the dynasium in the dynasium in the dynasium.

When a person prepares a fund for the establishment of a corporation, the defendant may also facilitate the C business in which other business issues should be resolved.

It refers to the immediate repayment, and 45 million won which was deposited in the passbook in the name of the head of the Tong in the Dispute Resolution Co., Ltd. was requested to lend.

The defendant did not have an employee in the Bank of Korea, and did not have business registration.

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