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(영문) 수원지방법원 성남지원 2018.05.10 2017고단3153
사기
Text

The defendant is innocent.

Reasons

1. Summary of the facts charged

A. On December 2014, the Defendant: (a) at the E F coffee shop located in Gangseo-gu Seoul, Gangseo-gu, Seoul on December 2, 2014, the Defendant: (b) “The Defendant was planning to hold a instant shop; (c) is a “bucking shop” to the victim G; and (d) our house is accompanied by our house; (c) however, the Defendant is going to hold the shop shop in the inside.

A false statement was made to the effect that the Plaintiff would complete payment if he/she loans KRW 30,000,000 to open a shop.

However, there was no intention or ability to repay money from the victim even if the defendant borrowed money from the victim because the defendant was not "boomed with Blok" and the defendant did not have any special property.

Around December 9, 2014, the Defendant, by deceiving the victim as above, received 30,000,000 won from the corporate bank account (H) in the name of the Defendant from the victim and acquired it by deception.

B. On September 2015, the Defendant made a false statement to the victim G at the mutual infinite coffee shop located in Gangseo-gu Seoul, Gangseo-gu, Seoul, that “The Defendant borrowed 150,000,000 won per se to reduce interest on the money that he borrowed before intending to open the instant shop to the south or Seoul.”

However, in fact, even if the defendant did not have any special property, and the defendant did not have any intention or ability to repay money from the victim, such as he did not have any money borrowed from the victim before.

As above, the Defendant: (a) by deceiving the victim; and (b) obtained a total of KRW 150,000,000,000, around September 15, 2015, including KRW 50,000,000, around September 21, 2015, from the victim’s corporate bank account (H) in the name of the Defendant from the victim; and (c) acquired the money by deception.

2. Determination

A. The burden of proving the facts charged in a criminal trial is to be borne by the prosecutor, and the conviction is to be proved by evidence of probative value that makes the judge feel true to the extent that there is no reasonable doubt.

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