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(영문) 인천지방법원 2013.05.30 2012노3287
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant introduced the victim C, who was found to be subject to investment, to invest in the company "G" operated by D through F, and does not borrow money from the victim. As to Article 2 of the facts charged of this case, the court below found the defendant guilty of the facts charged of this case by misapprehending the legal principles or by misapprehending the legal principles, although the defendant merely borrowed the money to invest in "I", a merchandise coupon distributor, at the victim's request, and did not receive money under the pretext of investing in the food waste disposal machinery export business.

2. Determination

A. The main evidence of the facts charged in the instant case is the victim’s statement, while the Defendant asserts that the victim’s statement is false, examining the credibility of the victim’s statement and the change of the defendant’s complaint.

B. The victim’s statement is credibility or credibility of the victim’s statement from the investigative agency to the court below’s judgment. With respect to paragraph (1) of the facts charged in this case, it is not clear that the victim’s statement was issued KRW 20,00 won after hearing the victim’s statement from the victim’s investigative agency to the court below’s judgment, and that it was merely delivered KRW 50,000,000,000 to the victim’s statement that she would have been able to get back 20,000,000,000 won when he borrowed KRW 50,000 from the defendant, while operating the company, if she borrowed 50,000,000 won from the defendant, she would get back her interest from the second month. As to paragraph (2) of the facts charged in this case, she consistently stated to the effect that she would have been able to make a profit if she invested in the business fund because it is good that she would have made an invention.

The defendant shall make the statements of the victim detailed.

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