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(영문) 대구지방법원 2017.08.10 2016고단4590
사기
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On June 2012, the Defendant charged with the instant charges: (a) at the office of G Co., Ltd. (hereinafter “G”) operated by F in Daegu-gu, Daegu-gu (hereinafter “G”); (b) “F engaged in the original wholesale business; and (c) paid annual sales of KRW 4 billion due to a large number of customers; (d) thereby, he/she can purchase money with the original money deposited; and (e) if he/she lends credit card money, he/she will repay it with his/her business.

The phrase “ makes a false statement.”

However, there is no fact that the defendant at that time operated a original supply store of KRW 4 billion annually, and the financial situation is difficult due to bad credit standing.

Even if the price was paid as above, it was thought that it was used for living expenses or personal debt repayment, and there was no intention or ability to purchase original equipment.

On August 27, 2012, the Defendant, by deceiving F, received 3.5 million won from the damaged person to the single bank account under the name of the Defendant and acquired by defraudation, etc., and obtained a total of 30.9 million won from around that time to July 26, 2013, as shown in the attached crime sight table.

2. The recognition of facts constituting an offense in a criminal trial ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the extent that such conviction would lead to such conviction, even if the defendant’s assertion or defense is inconsistent or unreasonable, it should be determined in the interests of the defendant (see, e.g., Supreme Court Decision 2010Do1487, Apr. 28, 201). This case’s health stand, and the defendant’s assertion or defense on the character of money received from F is inconsistent.

However, the F, which corresponds to the facts charged in this case, is now stipulated in this law.

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