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(영문) 울산지방법원 2013.11.29 2012고단3839
사기
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. Facts charged;

A. On November 9, 2009, the Defendant: “Around the Ulsan-gu, Ulsan-gu, that if the Defendant had provided game room business with KRW 20 million to the victim C, the Defendant would complete the payment with KRW 30 million with the liability related to Jeju-do business previously borrowed within two months.”

However, the Defendant did not engage in the game room business at the time, and even if he borrowed money from the victim without any income, he did not have any intent or ability to repay the money.

The Defendant, as such, by deceiving the victim, received a total of KRW 21 million from the victim on Nov. 9, 2009, including KRW 10 million on Nov. 9, 2009 and KRW 10 million on Nov. 20, 2009.

B. Around August 26, 2011, the Defendant: (a) lent money to the victim C in the French coffee shop located in Ulsan-gu, Ulsan-gu, Seoul-gu to execute the construction of an alternative building site of KRW 150,000,000 at the market price in Ulsan-gu, Ulsan-gu; and (b) subsequently, the Defendant would draw up a certificate of completion in the form of payment.

However, the Defendant had no intent or ability to repay money to the victim, even if he/she borrowed money from the victim due to the absence of any property that he/she did not construct the said building as an agent for the said building.

As such, the Defendant, by deceiving the victim, was transferred to the Defendant’s account totaling KRW 23 million, including KRW 5 million on August 26, 201, KRW 8 million on September 1, 2011, KRW 9 million on September 9, 2011, and KRW 13 million on October 12, 201.

2. As to Article 1-A of the facts charged against the defendant and his defense counsel's assertion, the defendant invested 30 million won or more for the previous business of Jeju-do, and the defendant also invested 10 million won or more for the defendant as the victim of the above business, and there is no reason to say that "the defendant will repay 30 million won or more for the debt related to Jeju-do's business previously borrowed to the victim." Although he borrowed 21 million won from the victim, he paid 15 million won or more for the above business.

As to the facts charged No. 1-b, E.

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