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(영문) 춘천지방법원 2015.10.29 2015고단245
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant, around June 26, 2008, at the Agricultural Co., Ltd. located in the central Dong of Won-si, Seoul, there is a lack of money in order to purchase D's kimchi cooling 50 and 50.

If a person lends money to him/her at his/her own request to pay money;

7. shall be repaid up to 26.

“Along with the fact that the Defendant was unable to pay interest on the Defendant’s personal obligation without any clear occupation or income at the time, it was thought that it was used for personal purposes, such as repayment of other obligations of the Defendant, even if he borrowed money from the victim, and there was no intention or ability to repay the loan to the victim as agreed upon by the victim. The Defendant, by deceiving the victim as above, was 10 million won on the same day as the victim borrowed money from the victim, and 6 million won on June 30, 2008, 15 million won on July 1, 2008, 15 million won on or around July 3, 2008, and 15 million won on or around July 3, 2008, 3 million won on or around July 3, 2008, the Defendant was aware of the Defendant’s assertion that he borrowed money from the Defendant and his defense counsel, but 3 million won on or around 3 million won on the same day as the loan was given.

"At the same time, 3 million won was deducted from the advance interest of 30%, and the money transaction with C began from that time.

At the beginning of the transaction with C, there was a lot of money to be received by the Defendant, but the amount of money should not be collected, and the Defendant was bound by fraud around October 2008, resulting in failure to repay the borrowed money to C, not the intent or ability to pay the borrowed money from the time of borrowing the money, and the Defendant continued to pay the borrowed money continuously after borrowing it.

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