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(영문) 수원지방법원 성남지원 2017.07.14 2017고단183
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a foreigner of Chinese nationality.

On November 15, 2012, the Defendant would pay interest at 10% per month to the Victim F (F, 49 years old, and Chinese nationality) who is his wife in Gwangju-si around November 15, 2012 by investing money in the rehabilitation room.

In addition, a false statement was made that it would transfer some of the lottery tickets operated in the last time.

However, in fact, the Defendant was making an investment in the illegal rehabilitation room without permission through a brobeer whose name is unknown, so even if the Defendant borrowed money from the injured party, there was no intention or ability to legally pay high interest or to legally accept the right to operate the lottery room.

As such, the Defendant, by deceiving the victim, received the aforementioned proposal from the victim on November 20, 2012 from the victim, and received each remittance of the total amount of KRW 820,000 (Korean won KRW 138,719,400) over nine occasions from the above date and time to April 28, 2014, as shown in the list of crimes attached hereto, as well as from the above date and time to April 28, 2014.

2. Determination

A. 1) Determination of the scope of application of the Criminal Act on the assertion of the defense counsel’s argument that fraud is based on the victim who is a citizen of the Republic of China who is a citizen of the same People’s Republic of China, and that the place of deception and the place of remittance are within the territory of the People’s Republic of China, and ultimately, it does not constitute a crime committed by a foreigner outside the territory of

2) However, according to the evidence duly adopted and examined by this court, the defendant's act of deception as stated in the facts charged is 10% per month by investing in the lottery room if the defendant lent money to the victim F (the 49 years old and Chinese nationality) who is his wife in Gwangju City around November 15, 2012.

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