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(영문) 서울북부지방법원 2015.04.01 2014고정684
사기등
Text

The defendant shall be innocent.

Reasons

1. The facts charged in this case

A. A. around October 17, 201, the Defendant, at the victim D’s house located in Gangnam-gu Seoul Metropolitan Government, 107 Dong 402, a building C, 107 Dong 402, and kept the said bank for the victim. Since the Defendant was entrusted with the above bank disposition by the victim, the Defendant: (a) disposed of the bank; (b) returned the proceeds of the disposal; or (c) returned the said bank to the victim upon the request of the victim; or (d) embezzled the said bank without the victim’s request for return; (b) on June 19, 2012, the Defendant embezzled the said bank in a manner that did not approve the obligation of return itself; and (b) on June 19, 2012, the Defendant embezzled the said bank to the extent that the Defendant did not have been entrusted with the above bank disposition by the victim; and (c) on June 19, 2012, the sum of KRW 140,50,000 in cash and the gift certificates jointly stored with the victim.

B. On December 4, 2011, the Defendant said that “The Defendant would give 400,000 won to the victim at the victim’s home, i.e., “I would give alkin view of alkin to B,” at the victim’s home.

However, the defendant did not have the intention or ability to pay the price even if he was viewed by the victim.

Nevertheless, the Defendant, by deceiving the victim as such, obtained 40,000 won per 40,00 won from the victim as he knows in the seat.

2. Determination

A. The Defendant consistently denied the entire facts charged in the instant case from the investigative agency to the instant court, on the ground that there was no fact that the Defendant had been viewed from D, as a matter of course, from DNA to DNA, and did not bring about convenience stores money and goods.

On the other hand, the burden of proof for the criminal facts which have been prosecuted in the criminal trial is the prosecutor.

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