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(영문) 의정부지방법원 고양지원 2015.12.08 2015고단1513
사기
Text

The defendant shall publicly announce the summary of the judgment against the defendant not guilty.

Reasons

1. Summary of the facts charged

A. A. Around April 27, 2010, the Defendant committed the crime against the Victim C, saying, at the E-cafeteria operated by the Defendant in Gyeyang-gu, Young-gu, Seoyang-gu, Seoul, that “The Defendant would lend the money to the victim, give two (2) interest, and pay the money to the victim.”

However, in fact, the Defendant was not well in a restaurant operated by the Defendant, and there was no import, and there was no intention or ability to repay the debt even if the Defendant borrowed money from the victim because other debt was over KRW 160,000,000 in a state without any specific property.

On the same day, the defendant was transferred from the victim to the national bank account in the name of the husband F of the defendant to the bank account in the name of the husband of the defendant.

Accordingly, the defendant was given property by deceiving the victim.

B. Around April 14, 2011, the Defendant committed the crime against the victim G, stating that “The Defendant shall pay the victim interest on two occasions of lending the money, and shall pay the victim the interest by taking over the two districts of the mutual aid operated by C starting on October 201,” at the place of the above paragraph (1).

However, there was no intention or ability to repay the borrowed money from the victim for the same reason as the above Paragraph 1.

The Defendant received 20 million won from the victim as the borrowed money in the name of the F on the same day from the victim.

On July 5, 2011, the Defendant continued to receive KRW 10 million from the victim to the national bank account in the name of the Defendant, and received a total of KRW 30 million from the victim.

Accordingly, the defendant was given property by deceiving the victim.

2. Determination

A. The burden of proving the facts charged in a criminal trial lies on the prosecutor, and the conviction shall be based on the evidence with probative value, which makes the judge conviction that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, it shall be deemed that there is no such evidence.

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