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(영문) 부산지방법원 동부지원 2019.08.14 2019고단534
사기
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant was the representative director of Busan Shipping Daegu B or C, and became aware of the Victim F by entering the E process around March 2015. A.

Around January 9, 2017, the defrauded called, “Around January 9, 2017, the Defendant called, “Around January 2017, 201, the Defendant would pay the Defendant with an exercise fee if he/she loans KRW 10,000,000,000 to the victim’s office.”

However, in fact, since the management of the above company was not well-grounded at the time, and the defendant was in excess of his/her obligation, there was no intention or ability to repay the money even if it was borrowed from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, obtained 10,00 won from the H bank account (I) in the name of the Defendant’s wife on the same day from the victim and acquired it by transfer.

B. On February 2, 2017, around February 2, 2017, the Defendant sent J text messages to the victim at the office of the said company, stating that “Around February 2, 2017, the Defendant borrowed KRW 37,500,000 from the bid deposit for K Park Remodelling.”

However, at the time, the defendant was above.

The circumstances such as the statement in this subsection were difficult, and the victim thought to receive money from the victim to use it for other purposes, and thus, the victim did not have any intent or ability to repay the money.

Nevertheless, the Defendant, by deceiving the victim as above, received 37,50,000 won from the victim to the above H bank account on the same day.

C. From February 11, 2017 to February 24, 2017, the fraud Defendant stated that “it is difficult to our company. Our company is in combination with the above borrowed money, and if it is lent KRW 150 million to the victim, it may be repaid six months after the loan. It may be repaid even prior to the loan.”

However, at the time, the defendant was above.

as described in paragraph (1).

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