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(영문) 수원지방법원 2018.10.05 2018고단1039
사기
Text

The defendant shall be innocent.

Reasons

1. On October 10, 2012, the Defendant and B made a false statement of the facts charged that “The Defendant and B, by making a marriage report with the Defendant and receiving a loan under the victim’s name by taking advantage of the fact that there is a lack of decentralization between the victim C (n, 27 years of age) and the victim C (n, 27 years of age) as Grade 3 of this intellectual disability,” the Defendant and B made a false statement that “The Defendant will pay KRW 10 million to the former and pay the loan to B.”

However, in fact, the defendant and B did not have the intention or ability to repay the loan even if they receive the loan under the name of the victim.

As a result, the Defendant conspired with B, by deceiving the victim as such, reported the marriage with the Defendant, and requested the victim to apply for a loan of money for a loan for a new marriage in the name of the victim at the location of the Eambadong branch located in Bupyeong-gu Incheon Bupyeong-gu, Incheon around October 17, 2012, and made the victim withdraw KRW 35 million deposited in the victim’s account on the 19th day of the same month, and received the said loan from the victim.

2. The Defendant asserts that, upon receiving a proposal from the victim B to make a little amount of money when the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the lease of the loan of the lease of the loan of the loan of the loan of the money

In other words, the following circumstances revealed through the records, i.e., ① in the investigative agency and court, the victim reported marriage to the victim and received the loan from the victim, and the person who stated that there is no damage if a divorce is reported because he/she would have repaid the loan to the victim, and the defendant did not speak about the loan to the victim, and there was only when the defendant reported marriage and applied for the loan, but the defendant collected money when he/she applied for the loan.

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