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(영문) 대구지방법원 2015.09.23 2015재고정3

사기

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged by the Defendant, at around 13:00 on January 1, 2012, the Defendant made a false statement to D that “The purchase price for KRW 700,000,000, will take ten (10) days after 10,000,000 in a cafeteria located in Daegu Suwon-gu B.”

However, the defendant did not have the intention or ability to pay the price even after visibility is delivered.

Nevertheless, the Defendant deceivingd D as above, and received from the victim, i.e., delivery of 70,000 won of the market value of the victim’s possession from the victim.

2. There is no evidence to prove the facts charged in the instant case. Rather, according to each of the judgment and case search, D, on June 1, 2012, charged with the charge that “I submitted to the Daegu Suwon Police Station a false complaint with the same content as the facts charged to the Defendant for the purpose of having the Defendant punished,” and D, on May 10, 2013, can be acknowledged the fact that the judgment became final and conclusive on January 23, 2014 after having been sentenced to a fine of KRW 4 million by a Daegu District Court for an offense of false accusation.

3. In conclusion, the instant facts charged constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered under the latter part of Article 325 of the Criminal Procedure