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(영문) 광주지방법원 순천지원 2019.02.14 2017고단2588
사기
Text

The defendant shall be innocent.

Reasons

1. The Defendant: (a) around November 201, 201, in the case of the Victim C’s Operation D, located in the Jeonnam-gun, Chungcheongnam-gun, the Defendant introduced the Defendant to have the victim deliver 20,000 U.S. packaging boxes from E.

On December 26, 2011, the Defendant stated in the above D that “The Defendant would pay the price for the calendar be paid with the price incurred from the sale of the CY and then bring the remainder to one month after deducting the processing fee for the calendar from the remainder.”

The defendant did not have any intention or ability to pay the remainder after paying the price for the above stuff with the price received from the victim, and deducting the fee for the reverse processing from the remainder.

Nevertheless, the Defendant deceptioned the victim as above, and was found from the victim to January 10, 201, the amount equivalent to KRW 32,175,000 at the market price owned by the victim during the period from December 26, 2011 to January 10, 2012.

Accordingly, the defendant acquired the victim's property by fraud.

2. Determination and conclusion in a criminal trial ought to be based on strict evidence of probative value, which leads to a judge to have a reasonable doubt. Thus, in a case where the prosecutor’s proof fails to sufficiently reach the extent to have the aforementioned convictions, it should be determined in the interests of the defendant even if there is suspicion of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal.

According to the evidence submitted by the prosecutor, there is considerable doubt of guilt as to the facts charged of this case.

However, the evidence that corresponds to the main contents of the facts charged in the instant case, “the Defendant was informed of the victim by deceiving the victim,” and, in particular, the victim’s statements in this court and investigative agency are made between this Court and investigation agency. The victim’s statement was between the two thousand four hundred and seventy5km away from December 26, 2011 to January 10, 201.

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