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(영문) 수원지방법원 2018.12.07 2018고단3734
사기
Text

The defendant shall be innocent.

Reasons

On March 2017, the defendant in the office of the defendant in the office of the defendant in the office of the defendant in the office of the defendant in the office of the new construction site of the C office in the Gasan-si, Gasan-si.

It shall be repaid by the end of March with a loan of three million won in cash.

The phrase “ makes a false statement.”

However, even if the defendant borrowed money from the injured party, he did not have the intention or ability to repay it.

Nevertheless, the defendant deceivings the victim as above and obtained the delivery of KRW 3 million from the victim on the 5th day of the same month to the victim.

However, the Defendant asserts that there is no 3 million won loan from D, and in light of the following circumstances that can be known from the evidence adopted and investigated by this Court, the sole evidence submitted by the Prosecutor alone is insufficient to acknowledge that D has lent 3 million won to the Defendant, and there is no other evidence to acknowledge this.

① The date of lending money to the Defendant was March 5, 2017, and as there is no money, D lent KRW 3 million from E to the Defendant on the same day and lent money to the Defendant on the same day.

However, in the copy of the document of cash custody issued in E, when testimony was given in the court, 3 million won was stated on March 1, 2017, the date of borrowing KRW 3 million was stated on March 1, 2017, the date of lending money to the counsel's examination to ask whether the date stated in the statement made in the investigation agency and the date indicated in the document of cash custody was one day or five days, and D himself/herself thought that he/she was uneasible to lend money in cash, and he/she was urged to transfer money from the same fee, such as F and E, to the account.

In spite of the fact that the defendant was lent in cash and did not receive the loan certificate.

The statement is made, D means that the cash custody certificate is given when borrowing money from E.

on the same day, when lending money to the defendant, the loan certificate was not received.

The defendant's statement, the relation between the defendant and D is to lend money without a loan certificate.

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