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(영문) 춘천지방법원 원주지원 2017.08.09 2017고단185
사기
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

. The applicant.

Reasons

1. Facts charged;

A. Defendant A’s joint crime committed by the Defendants is an I golf course Capital located in the Republic of Korea, and the victim G was a person who was in the relationship with Defendant A with the Marshall of the said I golf course, and Defendant B is a person living together with Defendant A and within the same family as his/her family.

On March 29, 2015, the Defendants concluded that “Around March 29, 2015, the Defendant would repay KRW 3 million to the victim G without molding until April 10, 2015.”

However, in fact, the Defendants had about 400 million won the personal debt to be repaid together, and there was about 40 million won the credit card loan, so even if they received money from the injured party, there was no intention or ability to pay it up to April 10, 2015.

Nevertheless, on March 30, 2015, the Defendants received a total of KRW 11.8 million from the time when they received the transfer of KRW 3 million from the damaged party to the Agricultural Cooperative Account under Defendant A’s name until April 21, 2015, as indicated in the list of crimes in the attached Table.

B. On January 2, 2015, Defendant A made a false statement to the victim G at “K” restaurant located in JJ in the Won-si, Seoul Special Metropolitan City, stating that “If the Defendant borrowed KRW 20 million to the victim G, he/she would repay to the victim by not later than April 2, 2015, the Defendant would have been repaid to the victim by around 3, 2015.”

However, as stated in Paragraph 1, the Defendant did not have any intent or ability to repay the debt until April 2015, since the Defendant had a debt of 440 million won or more, even if he received money from the injured party.

Nevertheless, on January 2, 2015, the Defendant received KRW 2 million from the damaged party to the Agricultural Cooperative Account under the name of the Defendant.

2. Determination

A. The existence of the crime of defraudation, which is a subjective constituent element of fraud of relevant legal principles, should be determined by comprehensively taking into account the objective circumstances such as the defendant's re-power, environment, details and details of the crime before and after the crime, process of transaction execution, relationship with the victim, etc. unless the defendant makes a confession (see Supreme Court Decision 95Do3034, Mar. 26, 1996). Consumption lending shall be made.

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