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(영문) 서울동부지방법원 2014.06.13 2013고단945
사기
Text

The defendant shall be innocent.

Reasons

1. On March 8, 2012, the facts charged by the Defendant at a coffee shop where it is impossible to know the trade name in the Dong-dong, Busan, the Defendant made the victim’s endorsement of KRW 200 million at a promissory note with a face value of KRW 200 million issued in the State-to-face D, and received KRW 40 million from the account in the name of the Defendant in the name of the Defendant (E) to the effect that, even if the Defendant and half of the discounted amount are used, there is a promissory note with a face value of KRW 200 million issued in “(State)” without the intent or ability of the victim to repay the money to the victim at a discounted rate and use the money at a discounted rate of KRW 200,000,000 from March 16, 2012.

2. Determination

A. The establishment of facts constituting an offense in a criminal trial ought to be based on strict evidence with probative value, which leads a judge to have a reasonable doubt, insofar as the prosecutor’s proof does not sufficiently reach the extent that such conviction would lead to such conviction, it should be determined in the interests of the defendant even if there is doubt of guilt, such as the defendant’s assertion or defense is inconsistent or unreasonable.

(see Supreme Court Decision 2010Do14487, Apr. 28, 2011). In addition, whether a crime of fraud is established shall be determined as at the time of such act, and the issue of whether a crime of fraud is established shall be determined as at the time of such act and shall not be punished as a crime of fraud on the ground that the Defendant’s default

(See Supreme Court Decision 2008Do5618 Decided September 25, 2008, etc.). B.

Facts of recognition

According to the records, the following facts are recognized:

1. The victims shall F in order to provide financing necessary for the project.

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