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(영문) 인천지방법원 2016.09.29 2016고단2653
사기
Text

The defendant is not guilty. The summary of this judgment shall be announced publicly.

Reasons

1. The summary of the facts charged is the person who operates C architect office. On November 20, 2014, from the 6th floor of the Bupyeong-gu Incheon Metropolitan Government D D Building, the defendant sent the president of the Ministry of Justice of the E church “400 million won to repair the building on the 6th floor above the 1st floor underground of the Jung-gu Incheon Metropolitan City, Jung-gu, and to change the use of the building on the 6th floor above the 4th floor within one month.

The phrase “to return the money received without permission,” which is liable for the change of the purpose of use, was received from the victim H, who is the member of the above E church, through the agricultural bank account in the name of the defendant on the 26th day of the same month.

However, the facts, however, did not have the intent or ability to make a large-scale repair and change the purpose of use within the period of promise, and acquired money through the delivery of KRW 200 million, notwithstanding the absence of intent or ability to return the money received in the event of failure to obtain permission

2. The burden of proving the facts constituting the crime prosecuted in a single criminal trial on the board is to be borne by a public prosecutor, and the conviction is to be based on evidence with probative value sufficient for a judge to have the truth that the facts charged are true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is no doubt as to the defendant's conviction, it is inevitable to determine the defendant's interest (see Supreme Court Decision 2013Do10316, Jan. 16, 2014, etc.). According to the evidence adopted and examined by the court, the defendant entered into a design service contract with the E church (hereinafter "E church") around November 20, 2014 (hereinafter "design service contract of this case"), and obtained the permission of the alteration of the use of the building of the Jung-gu 1st underground floor in Incheon, Jung-gu, Incheon, and the remainder of the building that the defendant agreed to change the use of the building of this case within one month from the date of entering into the contract.

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