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(영문) 창원지방법원 마산지원 2017.03.14 2016고정534
사기
Text

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

Reasons

Punishment of the crime

Defendant is related to C.

D, while borrowing KRW 2 million to C, the defendant did not complete payment, and the defendant did not receive the above KRW 2 million by deceiving D's friendship victim E.

On May 27, 2016, the Defendant extended the amount of KRW 5 million to the victim from G D D D, which is located in the Republic of Korea, Haban-gun F on May 27, 2016.

“False speech” was made.

However, even if the defendant receives money from the injured party, the defendant did not have intention or ability to lend C additional KRW 5 million to D.

Nevertheless, the defendant deceivings the victim as above and obtained cash 2 million won from the victim, i.e., the victim.

2. Determination

A. On May 20, 2016, the Defendant made phone calls to D before and after around May 20, 2016, and argued that: (a) the Defendant or C (the Defendant and C stated that the said money was lent to D by the Defendant; (b) while the victim and D borrowed money from C, the victim and D stated that they would have paid KRW 2 million,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

Therefore, we examine whether the defendant deceivings the victim as above.

B. There is a statement in the victim's investigative agency and this court as evidence that corresponds to the defendant's deception of the victim as stated in the facts of crime.

In this regard, it is difficult to believe that the victim's statement is based on the evidence duly adopted and investigated by this Court in light of the following circumstances.

1) The victim stated at an investigative agency as follows.

D was 2 million won lending to C, and it is necessary to pay money.

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