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(영문) 서울동부지방법원 2013.08.13 2013노461
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (fact-finding) is that the Defendant, at the direction of the victim, withdrawn KRW 300,000 from the bank electric list prepared and kept by the victim, and only released cash and check to the victim.

Considering the fact that the statement of the victim was reversed from time to time and the victim did not have credibility, the fact that the defendant made a situation that the victim seems to instigate theft, and that the defendant made the direct preparation of the statement by mistake even though he did not prepare the corporate bank transfer table, that comparison of the statement 2 attached to the table 2 attached to the foreign exchange bank and the table 1 attached to the corporate bank is a written appraiser who mistakenly selected the target, that there was no direct evidence that the defendant stolen, and that there was no time to commit the crime of the defendant, the defendant did not theft of the passbook in the name of the victim and his H, and that there was no fact that the defendant acquired money by means of forging the relevant statement of money, and by using it, withdrawing cash and the check from the bank account by deceiving its employees.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.

2. In the judgment of the court below, the defendant asserted as the reasons for appeal and denied the facts charged. Accordingly, the court below rejected the above argument by stating in detail the defendant's argument and its judgment in the "judgment on the defendant's argument" as stated in Article 4-6 of the written judgment of the court below. In comparison with the evidence duly adopted and examined by the court below, a thorough examination of the judgment of the court below shall be conducted, and in addition, the following circumstances, i.e., ① the defendant has withdrawn KRW 300 million to himself, but the defendant had the victim's children H and the defendant's account to withdraw again, and there is a possibility that the defendant could have a purpose of money laundering or tax evasion.

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