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(영문) 대전지방법원 2017.10.18 2016노3417

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is that the Defendant has excessively paid the drinking value.

Vindication, the Defendant had been holding at the time of committing the crime, because he did not pay the drinking value up to the present day, intentionally avoided the contact of the DNA employees who demanded repayment of the drinking value.

In full view of the fact that the physical card claimed by the National Bank of Korea is the question of whether the defendant actually used or not, the facts charged in this case can be fully convicted.

However, the court below rendered a not-guilty verdict on the facts charged of this case. In so doing, the court below erred by misapprehending the facts.

2. Determination

A. The lower court determined that the Defendant was aware of the fact that the Defendant had not paid the price despite having been provided with alcohol and alcohol as stated in the facts charged, but ① the Defendant visited D Age was aware of the reason why the Defendant visited D Age.

The fact that F was expected to be able to get a better contact because F was working, and that the Defendant claimed a higher amount than that actually ordered by F, but the Defendant claimed a higher amount than that actually ordered by F.

I think of the fact that the defendant refused to pay the price in dispute with the D Age, and ③ the defendant was in possession of a national bank check in the name of G used at the time, and had a deposit sufficient to pay the price in the connection account. In light of these circumstances, the evidence submitted alone was that the defendant had no intention or ability to pay the price at the time of the case.

It is difficult to conclude it, and there is no other evidence to acknowledge it, and the defendant was acquitted.

B. Examining the records of this case’s deliberation in light of the evidence, the court below’s determination that the Defendant was not guilty of the facts charged based on the aforementioned evidence judgment is just and acceptable.

B. The results of the fact-finding on KB National Card Co., Ltd. are examined.