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(영문) 서울중앙지방법원 2015.11.20 2015노1912

사기

Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not deceiving the victim and did not have any intention to commit the crime of deception.

B. The lower court’s sentence is too unreasonable because of its excessive sentencing.

2. Summary of the facts charged and the judgment of the court below

A. On September 17, 2013, the summary of the facts charged, the Defendant made a false statement to the victim E at the D office in Gangnam-gu Seoul Metropolitan Government, stating, “If he/she has a U.S. F brand’s Korean total sales right and wishes to sell goods, he/she shall make a prior payment of the price of goods. When he/she receives a prior payment of the price of goods, he/she shall enter into an agency contract, and shall import goods equivalent to the price of goods until the police officer during the middle of January 2014.”

However, even if the defendant receives money from the victim, the defendant did not have any intention or ability to send the money to the victim by purchasing the F brand.

The defendant received 4,973,190 won from the victim as the price of goods on the same day from the victim to the account in the name of Bbank D.

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

B. The lower court found the Defendant guilty on the ground of the evidence produced by the evidence.

3. The intent of defraudation, which is a subjective constituent element of fraud in the judgment of the political party, is to be determined by comprehensively taking account of the objective circumstances such as the financial history of the accused before and after the crime, the environment, the details and contents of the crime, and the process of transaction execution, unless the accused is

Meanwhile, the finding of guilt ought to be based on evidence with probative value, which leads a judge to have a conviction that the facts charged are true beyond reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's conviction, it is inevitable to determine the defendant's interest. The same applies to the recognition of the criminal intent, which is a subjective element of fraud.

As to the instant case, the Health Center and the instant case.