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(영문) 전주지방법원 2013.08.30 2013노227

사기

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal is that the Defendant, at the time of the original adjudication by the victim, received 5 marine (hereinafter “the instant cancer”) and 1 marine (hereinafter “the instant hydrogen”), settled the money that the Defendant would receive from the victim as part of the proceeds of sale, and that the Defendant purchased another lawsuit from the victim. As such, the Defendant did not err by deceiving the victim as shown in the facts charged, nor by deceiving the victim of the instant cancers and hydrogens.

2. The summary of the facts charged is several times that the Defendant engaged in the livestock industry and brokered the sale of the cattle.

Around the end of 2006, the Defendant borrowed KRW 30 million from the Jeonju Jindo National Federation and lent it to the branch. However, around January 18, 2010, each real estate owned by the Defendant was sold by Kim Jong-si and D for compulsory auction.

Accordingly, around March 4, 2010, the Defendant repaid all obligations to the NAND on the NAND, and subsequently purchased the said real estate again from the successful bidder E of each of the above real estate on March 12, 2010.

On July 20, 2010, the Defendant made a false statement that “I would sell 6 heads of 6 heads of 2,000 to 2,200,000 to 2,200,000 won per 2,000 to 2,000,000 won, because I would be able to buy and buy son's son's son's son's son's son's son's son's son.”

However, since the defendant thought that the economic difficulties of the defendant had priority over others, there was no intention of the victim to receive the sales amount from the purchaser after mediating the sales of the lawsuit.

The Defendant, as above, deceiving the victim and deceiving it from the victim on July 20, 2010, is equivalent to KRW 50 million at the same place as the market price around July 23, 2010, and KRW 260,000 at the same time.