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(영문) 인천지방법원 2018.04.20 2017고단8759
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is that the Defendant, at around June 2014, in relation to the entrance of the number fraternity (42 million won, 29 old accounts, 1.5 million won, 1.8 million won, and 1.8 million won, prior to the receipt of old accounts) operated by the injured party as the guidance holder at the victim E’s residence located in Sincheon-si, Sincheon-si, 2014, the Defendant will subscribe to three old accounts.

As husband is a vocational soldier but is expected to live in Macheon without having a director in other places, it is expected that he will not flee to another place even after entering the world, and pay it well.

“A false statement” was made.

However, the defendant did not have an intention or ability to pay an amount equivalent to 4.5 million won for three previous accounts, which shall be paid every month after the receipt of the fraternity, even if he/she entered the above number system and received the fraternity money due to debts exceeding KRW 200,000,000 and interest payment, etc. therefor.

On June 21, 2014, the Defendant: (a) by deceiving the victim; (b) joined the said three-dimensionals (2,3, and 18) around June 21, 2014; (c) received KRW 130,1100,000,000 in total from three occasions until November 2015; and (d) received KRW 54,200,000 from January 2, 2016 to October 2016, the Defendant acquired economic benefits equivalent to KRW 54,20,00 in the manner that the principal shareholder would make the payment by proxy; and (b) obtained economic benefits in the amount of KRW 54,20,00 from January 2016 to October 2016.

2. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court, the court held that the Defendant was aware of the fact that the economic situation was not good at the time of joining the instant number system, but that the evidence alone submitted by the prosecutor was deceiving E even though the Defendant did not have the intent or ability to pay money from the beginning.

It is difficult to readily conclude, and there is no other evidence to acknowledge it.

1. E is difficult at the time of the defendant's accession to the number system in this Court.

It has become an economic ability.

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