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(영문) 부산지방법원 2017.05.19 2017노73
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant merely borrowed KRW 20 million from J with the introduction of E and did not borrow money from E, and the judgment of the court below which found the defendant guilty of the facts charged of this case even though it had sufficient financial capability at the time of next use, it erred by misunderstanding the facts, which affected the conclusion of the judgment.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, the defendant deceiving E even though he did not have any intent or ability to repay the money, and he can fully recognize the fact that he borrowed KRW 20 million from E.

① On July 21, 2008, the Defendant loaned KRW 20 million to E, a person who is the wife of a private village, with money needed to pay for business. In the absence of money, the Defendant may also borrow money to a person who wants to pay for money. By December 2008, the Defendant is obliged to pay money.

“The lending of money was requested” and the lending of money was requested.

② E provided a loan to her friendly job offering J by explaining the above circumstances, and the J provided a loan to her friendly f because she did not have any money.

The term "" refers to the following.

E had a long-term relationship with E

F listening to the above mentioned stories from J and lending KRW 20 million to E.

E requested F to send the borrowed money directly to the Defendant’s account, and the J transferred KRW 20 million to the Defendant’s account under the direction of F.

③ On August 20, 2008, the Defendant drafted a loan certificate to E.

④ As F’s demand for repayment continued, E repaid the sum of the principal and interest to F on June 16, 2014, KRW 23 million.

⑤ As of May 7, 2002, the execution of attachment of printing machines offered as security on October 2008 was commenced, and the wages of employees are in arrears from May 21, 2008 to September 2008, it was difficult for the financial institution at the time of July 21, 2008.

(6)

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