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(영문) 서울북부지방법원 2014.10.30 2014노905
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant merely borrowed money from the victim C, but did not repay the obligation of the borrowed money to the victim due to the omission of circumstances, and did not intend to acquire it by fraud.

2. The following circumstances acknowledged by the evidence duly adopted and examined at the lower court: (a) on May 2, 2012, the Defendant borrowed KRW 7 million from the victim C on or around November 2, 2012 with an agreement to repay the repayment date; (b) on August 2, 2012, the victim borrowed the payment date of KRW 1.8 million from the victim on or around April 30, 2013; (c) on the part of the victim, the principal was paid only seven to eight occasions; (d) the Defendant was unable to repay the principal amount; and (e) the Defendant was liable for a loan to the lender, etc. without any particular property at the time of lending money from the victim; (e) there was no business revenue difficult; and (e) the Defendant was fully aware of the facts charged in this case at the lower court; and (e) the Defendant was sufficiently aware of the Defendant’s intent to borrow money from the victim as stated in the lower judgment and did not have the ability to pay the money by the due date.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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