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(영문) 부산지방법원 동부지원 2017.10.18 2017고정262

사기

Text

The defendant shall be innocent.

Reasons

1. On November 2014, 2014, the Defendant is obliged to pay the amount of capital reduction within one week by selling the money to the victim C, if the Defendant sent the capital reduction to the victim C.

Forwarding of capital reduction to a nearby warehouse in the area of the U.S., the area of the U.S., the area of the U.S.

(C) made a false statement to the effect that “......”

However, the defendant did not have the intention or ability to pay the price to the victim even if he/she was given a capital reduction from the injured party and sold it.

As such, the Defendant, by deceiving the victim, had the victim take over the 250,000 won seeds of capital reduction of the market value of 7,150,00 won and then let the victim deliver them to the place designated by the Defendant.

2. Determination

A. The following circumstances found based on the evidence examined by the court below, i.e., ① the complainant C asked the Defendant to sell 250 stuffs and asked the Defendant to listen to the Defendant’s horse, and sent the Defendant’s horse to the warehouse located in the west-gun. As the Defendant was found not to pay the price, capital reduction was already disposed of, and the price was paid to D.

and there is money to be found to D, and the money to be received for the defendant's test was set off against the money and the capital reduction.

하였고, 피고 인은 씨감자를 팔아 준다고 하거나 물건을 인수한 적이 없다고 발뺌을 하고 있다」 라는 내용으로 진술하였고, ② D은 「 피고인이 감자 250 박스를 팔아 달라고 수회 부탁하기에 감자를 구입했으며, 당시 피고인은 자기가 잘 아는 농민의 씨감자인데 돈은 자기에게 주면 된다고 하였으며, 나중에 대금을 요구하기에 자신이 피고인에게 가지고 있던 물품대금과 상계처리하기로 하여 그렇게 처리되었다」 라는 취지로 진술하고 있는 점을 보면, 피고인이 이 사건 공소사실과 같은 범행을 하였다고

There is room for doubt.

B. The defendant's assertion and lack of proof (1) the defendant's side changed the capital reduction.