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(영문) 수원지방법원 2013.04.19 2012고단2248

사기

Text

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

Reasons

1. Summary of the facts charged in this case and the defendant's assertion

A. The summary of the facts charged is as follows: (a) in collusion with D and E (one name F), the Defendant did not intend to work at a marina business establishment even if he received the prepaid money; and (b) conspired to acquire the prepaid money by means of escape immediately after the receipt of the prepaid money.

Accordingly, Defendant and E: (a) around April 4, 201, around the G Apartment-si’s apartment parking lot, Defendant and E: (b) stated that “the victim would perform work at the seat of 11,600,000 won in advance to the present work establishment; (c) the victim remitted KRW 11,60,000 to the passbook in the name of E on the same day; (d) the victim transferred the same day to the head of Tong in the name of E, and (e) the victim got off and escaped from the said apartment.

As such, the defendant, D, and E in collusion received 10,160,000 won from the victim as a prepaid.

B. The Defendant’s assertion that he/she received money or took part in the fraud as above because he/she was unable to enter for three months in pregnancy at the time.

2. The only evidence that the defendant acquired 11.6 million won from H under the name of D, E, and prepaid money is the only police statement of H, and even according to the above statement of statement, H's category as a person who acquired 16 million won prepaid money is merely the defendant's photograph in Kwikset, which is the police's computer network, and the person who acquired 16 million won from him/her was identified as being the defendant. H is only a person A and F prior to a few days before he/she remitted money from this court (at night), because he/she is aware of his/her name and resident registration number, and obtained A and F's resident registration number using a Handphone of F by remaining her name and resident registration number. The leading of the crime at the time of crime is rather than F, A and F on April 4, 2011, and at the time he/she acquired her money.