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(영문) 서울중앙지방법원 2013.09.27 2012고단675

사기

Text

Defendants are not guilty, and each of them dismissed the request of the applicant for compensation.

Reasons

1. 공소사실의 요지 피고인들은 부부지간으로 서울 서초구 E, 104호에서 ‘F’라는 상호로 바이올린, 첼로 등 현악기를 판매하는 악기사를 운영하던 중, 2009. 9. 27.경 위 악기사에서 피해자 D에게 안살도 포찌(Ansaldo Poggi)라는 라벨이 부착된 바이올린을 대여하였다가, 피해자가 바이올린을 파손하자, 2009. 10. 3.경 위 악기사에서 피해자에게 “바이올린이 심하게 파손되었으니 구입을 하라. 당초 바이올린 구입가가 7,000만 원인데, 5,000만 원을 달라”는 취지로 말하였다.

However, the fact was not that it is worth 50 million won or more.

As above, the Defendants: (a) deceiving the victim and deceiving the victim as above; (b) KRW 10 million around October 6, 2009; (c) KRW 6 million around September 9 of the same month; (d) KRW 30 million around December 26 of the same year; (b) KRW 1 million around December 29 of the same year; and (c) KRW 50 million around February 5, 2010; and (d) the same year.

3. Around 26.26.20,00 won, total of 48 million won, was remitted to a deposit account in the name of a national bank in the name of Defendant B and acquired it by fraud.

2. The Defendants alleged to be the Defendants were aware of the instant Bain as the 1915 Hemort G, a malicious weather operator, and purchased KRW 70 million from the Defendant. As such, the Defendants did not deceiving the Defendant regarding the value of the Bain.

3. The following circumstances acknowledged by the evidence duly admitted and investigated by the court of this case, namely, Defendant A purchased the instant Bain from G and made payment of the price from the end of 2005 at the beginning of 2006. However, it was revealed that the details of the payment were not the details of the instant Bain’s payment. Since then, Defendant A purchased the instant Bain from the end of 2004 and purchased it from around 2005 to the end of 2005.