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(영문) 인천지방법원 2020.12.10 2020고정217

사기

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged was delegated to Defendant A, under the trade name of “B”, to transfer graves located in the land of Jung-gu Incheon, Jung-gu, Incheon, Jung-gu, the injured party.

Around August 2017, the Defendant entered into a contract with the victim for the relocation of graves at his/her address (E) and entered into a contract with the victim for the relocation of graves at his/her address, and written indictment in 2017 as "2018", but it is clear that the records and the oral proceedings are written in writing.

9.7.Around July, 900 won was remitted to the account of community credit cooperatives (F) in the name of the accused.

However, even if the defendant has received a retainer, he did not have the intention or ability to cause the disability of the grave.

Nevertheless, the defendant, by deceiving the victim, received a remittance of KRW 7 million and acquired the same amount for personal purposes.

2. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the defendant deceivings the victim only by the evidence submitted by the prosecutor.

It is difficult to view that there is no reasonable doubt that there was deception or intentional intention.

(1) On July 2017, upon receiving a request from the victim to change a grave, the Defendant asked G to whether he/she wishes to change his/her father’s funeral, who was aware of in the Dongine, and received the actual consent from G.

The victim confirmed the power of attorney received from G as of August 25, 2017 and paid the retainer to the defendant.

② On January 22, 2018, the Defendant and G visited the Dong office to file a relocation report.

Around that time, H, his/her father, was aware of the reservation of a charnel with respect to this Chapter, and G was prepared for this Chapter on February 5, 2018, by making a promise for cremation at I.

During that period, G was suspended due to the lack of opinion among the Alger's punishment system to the Alger's punishment system, G was diagnosed with waste cancer in 2018.