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(영문) 청주지방법원 2017.06.16 2016노1508

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the facts charged in this case and the judgment of the court below

A. The summary of the facts charged in this case, which the court below acquitted, is as follows.

The defendant and the victim D are those who were in de facto marital relationship from March 201 to December 2013.

On December 2, 2009, the Defendant made a false statement to the victim’s house located in Sinnam-si, Sinnam-si, that “I would sell a house owned by Neng-dong in Sinnam-si, and would purchase a sudio building in F, which is a sudio after the old, and would sudio be in the name of sudio, and the ownership of the sudio would be in four names.”

However, even if the defendant receives money from the injured party, he did not have the intention or ability to purchase the studio or purchase the real estate in the name of the injured party.

As such, the Defendant, by deceiving the victim, received KRW 20 million from the injured party to the Nonghyup Bank (G) account in the name of the victim used by the Defendant, KRW 90 million on December 11, 2009, KRW 19 million on January 4, 2009, and KRW 19 million on January 12, 2010, respectively, and received KRW 10 on March 2, 2010, KRW 10 on KRW 10 on KRW 10,000 on KRW 10 on March 2, 2010, KRW 20 million and KRW 5 million on KRW 5 million on KRW 10,000 on KRW 4, 2010, respectively, and received KRW 254 million on KRW 5 million on KRW 10 million on March 4, 2010.

Accordingly, the defendant was given property by deceiving the victim.

B. The lower court rendered a not-guilty verdict on the instant facts charged to the following purport.

Comprehensively taking account of the following circumstances, the evidence duly adopted and examined by the court of the court below, the victim’s statement alone, as stated in the facts charged, was sufficiently proven to the extent that the defendant had been informed of the victim as well as that the defendant received KRW 254 million from the injured party with the intent to obtain unlawful acquisition, and that the defendant had received KRW 254 million as stated in the facts charged,

It is insufficient to view it, and there is no other evidence to prove it.

(i) the victim.