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(영문) 서울동부지방법원 2014.10.10 2013고정2511

사기

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is difficult to operate a restaurant operated and there is no other property or income, and even if he receives a fraternity by being given priority after being admitted as a fraternity, the Defendant did not have the intent or ability to pay the time limit until the fraternity ends.

On April 25, 2012, the Defendant joined the “D” restaurant operated by the Defendant located in Gwangjin-gu Seoul Special Metropolitan City, with the victim E’s share of KRW 20,000,000,000, which was organized by the victim E, and made a false statement as if the victim would make a normal payment, and paid KRW 2,00,000,000 in total on two occasions on April 20 and May 2012.

Around June 25, 2012, the Defendant, at the same place as above, got off the amount of KRW 20 million received from the victim, and was exempted from the existing liability to the victim. The Defendant, upon receiving the remainder of KRW 10 million, acquired the total amount of KRW 18 million.

B. On April 30, 2012, the Defendant subscribed to the 111 fraternity members organized by the victim as stated in the preceding paragraph, the amount equivalent to the 100 money monthly payment, and the amount equivalent to the 10 money received from the fraternity, at the place of the preceding paragraph, and was assigned one time as if the Defendant would make a false statement to the victim’s normal payment of the future fraternity payments.

On April 30, 2012, the Defendant received 2.3 million won from the victim and acquired it by fraud at the same place.

2. The judgment of the defendant asserts that he was admitted to the number fraternity and reflect system as stated in the facts charged, but that he did not have the intention of deception at the time, and that he did not have the intention of deception. Therefore, in relation to the process of the defendant's admission to the fraternity, the defendant first did not request the defendant to join the fraternity, and it is highly likely that E would have recommended the defendant to join the fraternity as alleged by the defendant, and in the case of the number fraternity with a large amount of money, E is against the defendant at the time of joining the fraternity.