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(영문) 의정부지방법원 고양지원 2018.05.11 2017고단1876

사기

Text

The defendant shall be innocent.

Reasons

1. On November 2013, the summary of the facts charged, the Defendant, at a coffee shop where it is impossible to know the trade name located in the Gangnam-gu Seoul Metropolitan Government Grodong, and the facts did not have the right to operate the restaurant on the premises of the B university, and the victim C did not have the intent or ability to have the victim C deliver food materials to the restaurant on the premises of the B university because it did not have the right to operate the restaurant on the premises of the B university, and the victim acquired it by receiving KRW 50,00,000 from the damaged person to the one bank account (D) in the name of the Defendant around the 29th day of the same month.

2. According to the evidence submitted by the Prosecutor, it is recognized that the Defendant received money from the injured party as stated in the instant facts charged.

For this reason, the Defendant has been liable to the Defendant for the payment of the construction cost.

E loaned money from the damaged party to pay the construction cost, and the victim directly remitted it to the defendant, and the defendant did not borrow money from the damaged party.

Therefore, as stated in the facts charged of this case, it is difficult to believe that the statements made by the victim and the victim and E in each court and investigative agency that correspond to the above facts charged are false as follows, and the evidence submitted by the prosecutor alone is proven to the extent that there is no reasonable doubt.

It is difficult to see, and there is no other evidence to prove it.

A. The victim borrowed KRW 100 million to E, who is the operator of the F cafeteria in which he supplies food materials, but refuses to provide the collateral that E intended to provide, and thereafter, the defendant would have a certain share in the above cafeteria and supply food materials to the B cafeteria.

The defect is believed and the defendant is 50 million won.