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(영문) 부산지방법원 동부지원 2019.05.22 2018고단2312
사기
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. On May 28, 2015, the Defendant made a false statement to the victim D, stating that “D must have a vehicle, the husband of the Republic of Korea borrowed money in KRW 20 million, and five parts of the interest shall be given to the Defendant,” at the clothes of “C” located in Suwon-gu, Busan, Busan, to the victim D.

However, at the time, the Defendant thought that he lent the above money from D to E, and the Defendant was aware that even if he borrowed the above money to E even if he did not receive it, he could not repay it. The Defendant did not have any intention or ability to repay it even if he borrowed the money from the victim because he did not receive it after lending it to other debtors.

Nevertheless, the Defendant, by deceiving the victim as above, received 19 million won from the victim to the F bank account (G) in the name of the Defendant on the same day, and acquired it by deceiving the victim.

B. Around September 9, 2015, the defrauded, around September 9, 2015, concluded that “A” clothes as stated in paragraph (1) “C” had money to be paid KRW 30 million to E” to the said victim. If the Defendant borrowed KRW 30 million to E, then E would have the bank incur 30 million and would have the bank repay the loan again from the second financial right and have the principal repaid again. As of the fifth copy, the Defendant would pay KRW 100,000 per month and repay the principal for three months thereafter.”

However, in fact, the defendant did not intend to lend all of KRW 30 million to E, and it was not repaid after lending money to E several times, so even if lending money to E may not be repaid, it was known that E could not be repaid, and it was impossible to lend money to other debtors, and it was in the second financial sphere.

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