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(영문) 대구지방법원 2016.09.23 2015노3123
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant was guilty of the facts charged in the instant case even though he did not have any intent to commit fraud, because the claim for N, etc. was not recovered smoothly, unlike the originally anticipated expectation, and did not pay any balance to the victims until December 10, 209; and (b) the Defendant did not have any intent to commit fraud.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, ① the victim E, from the investigation stage to the court of the lower court, would receive a loan from the Defendant to December 10, 2009 as collateral and pay the remainder of KRW 19 million from December 10, 2009 to December 10, 200.

I have confirmed to pay 119,00,000 won by December 10, 2009 from the Defendant.

After receiving the letter of payment, the registration of the transfer of ownership was completed.

As stated consistently, the victim E’s statement is reliable, ② the Defendant established a collateral security (the maximum amount of the claim: 14 million won) with the credit union dedicated on the same day after completing the registration of the transfer of ownership of the instant land on December 8, 2009, and extended a loan of KRW 80 million, but most of the Defendant paid the Defendant’s personal debt repayment by December 10, 2009, and ③ the Defendant was to receive KRW 130 million from N until December 10, 2009, and was planned to pay the balance with the remainder.

However, it seems well-known that N was difficult to recover claims against N at the time of preparation of each of the instant payments, because N was not only accused of fraud from multiple victims, but also was suspended from prosecution because its location was not confirmed. ④ There was money recovered from many creditors, other than N,

However, the obligees' names and amounts are disclosed at all.

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