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(영문) 서울북부지방법원 2015.12.01 2014고단2662
사기
Text

The defendant shall be innocent.

Reasons

Summary of Facts charged

1. The Defendant, around April 1, 2010, made a false statement to the effect that the Defendant had a debt equivalent to KRW 160 million from around April 1, 2010, and that even if the Defendant had no property or particular profit from the lending of money from another person, the Defendant did not intend or have ability to repay the money from the other person, but the Defendant was paid KRW 10 million from the victim E’s house located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, to the effect that “I would pay back the money in lieu of the purchase price. I will lend KRW 10 million from the victim’s loan,” and that it was paid KRW 10 million from the victim’s loan around the second day of the same month.

2. On June 2010, the Defendant made a false statement to the effect that the Defendant had a debt equivalent to KRW 160 million in the financial sphere from around 2010 to KRW 160,000,000, and that even if he/she had not given money from another person due to the lack of the Defendant’s property or particular profit, he/she would not have any intent or ability to repay the said debt, but he/she would not pay the victim E “on the face of paying the vehicle repair cost instead of the vehicle repair cost,” and thereafter, he/she acquired the victim’s pecuniary profit equivalent to the same amount by allowing the victim to transfer the money to the account of the vehicle maintenance station of the Defendant’s trade name on behalf of the repair cost of the vehicle owned by the Defendant at that time.

3. The Defendant, around July 1, 201, made a false statement to the effect that the Defendant had a debt amounting to KRW 160 million from around July 1, 2010 to KRW 120 million, and that even if he/she had no property or particular profit from the Defendant’s lending of money from another person, he/she did not have any intent or ability to repay the said debt amounting to KRW 41 million from the victim E’s home parking lot located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, the Defendant would have paid the debt amounting to KRW 41 million on behalf of the Defendant. The Defendant would have paid the principal amount of KRW 41 million and paid KRW 1.2 million on a monthly interest, and returned the vehicle provided as an existing security.”

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