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(영문) 대전지방법원 2014.08.12 2013노3028

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the defendant, while serving as the driver of C, sent the victim F a statement to the effect that he sent 30 million won to the victim F with personnel expenses on the part of the victim's early finding job upon C's request by C, and the defendant did not obtain the above 30 million won from the victim in collusion with C.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① according to the witness I of the court below’s testimony, C was a victim of the victim’s call to find a job for the victim’s assistance in Korea. The defendant was also a victim of the victim’s assistance in Korea, and the defendant directly asked the victim to find a job. The defendant directly expressed that he was 30 million won as personnel expenses. If the victim took the attitude of considering the victim’s personnel expenses, it appears that the defendant was a wind, such as she was living together in C’s house and acting as a driver of C, and ② the defendant was a friendship with C, such as her driver, who was involved in the crime of this case, and C also stated in the investigative agency that he was involved in the crime of this case, ③ the victim’s assistance in finding that the defendant was paid 30 million won to the victim’s account under the name of G and 30 million won on the date of transfer by fully combining the fact that the defendant received 30 million won as the victim’s account.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.