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(영문) 대전지방법원 2019.05.17 2018고합441
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

On June 2009, the Defendant issued a false statement to D and E on behalf of the victim Co., Ltd. at the victim Co., Ltd. Co., Ltd., Ltd. Co., Ltd., Ltd., Ltd., Ltd., Ltd., (hereinafter “C”), stating that “The Defendant would transfer the ownership of the said forest land within six months, by paying KRW 300,000,000,000 to the victim KRW 15,356,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00

However, in fact, the Defendant borrowed from another person without any funds to pay only KRW 50 million the down payment of the said forest land, and the market value of the said forest land is limited to KRW 1 billion, and the amount of KRW 488,000 of the J loan is set up, and the value of collateral is not adequate, and even if the goods are supplied from the victim, there was no intention or ability to pay the price even if the goods are supplied by the victim, and there was no intention or ability to transfer the ownership of the said forest land provided as security.

The Defendant, by deceiving D, etc. as such, received from the victim a supply of the amount equivalent to KRW 1,015,494,00,00 on three occasions, including handbags, etc., on July 25, 2009 and once, on July 29, 2009.

Judgment

1. Whether fraud is established or not shall be determined at the time of the act. The subjective constituent elements of the crime of fraud are to be determined by comprehensively taking account of the objective circumstances such as the defendant's financial history and environment before and after the crime, the details and contents of the crime, and the process of transaction execution, so long as the defendant does not confession.

On the other hand, the conviction is not likely to have a judge make a reasonable doubt.

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