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(영문) 서울동부지방법원 2017.12.21 2017노716
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant did not deceive the victim, as the Defendant had the intent and ability to order the victim to clean up the F Group Burial.

2. The court below acknowledged the following facts based on the evidence duly adopted and investigated by the court below: (i) although the defendant promised the victim to receive cleaning services with a long-term friendship with the Chairperson of the F Group, the defendant was actually aware of the above Chairperson and there was no contact point; (ii) the defendant prepared a cash custody certificate with the victim at the time of the immediate return of the money that he received; (iii) the defendant was unlikely to return the money even if he was scheduled to use the money as living expenses because he was not good at the time; and (iv) the defendant actually consumeds the money from the damaged person as living expenses, etc.; and even according to the defendant's assertion, the money used as the expense for the above head of the F Group was only about KRW 0,000,000,000 among the money used as the expense for the head of the F Group Chairperson without the intent and ability to receive the cleaning services from the victim as a relative with the Chairperson of the F Group Chairperson.

can be sufficiently recognized.

Therefore, the defendant's argument is without merit.

3. Accordingly, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal of this case is without merit. It is so decided as per Disposition.

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