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(영문) 제주지방법원 2019.01.28 2017고단3195
사기
Text

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

Reasons

1. On December 20, 2014, the Defendant is found to have omitted the part of the “material” in the indictment in which he/she can purchase a chartered bus with the driver’s license cancelled at the time and operate his/her business using it, and the Defendant appears to have made an obvious clerical error and stated the correction.

Despite the absence of the intention to purchase an express bus after re-acquisition of a driver's license, the victim D, who was unaware of the fact, received the amount of KRW 13 million from the victim as the price for bus purchase, including that he/she received KRW 3 million in cash from the victim on June 16, 2015, around October 5, 2015 and KRW 7 million around October 6, 2015 and KRW 13 million, including KRW 10 million, from October 6, 2015.

2. In light of the facts acknowledged by the evidence duly adopted and investigated by this court and the following circumstances revealed, it is difficult to determine that the Defendant had proved, without any reasonable doubt, that he/she had the intent to obtain money as stated in the above facts charged from the victim at the time of borrowing the money from the victim.

① The Defendant and the victim frequently fluently fluencing the drinking together with a very fluenite. On December 20, 2014, the Defendant continued to borrow 3 million won from the victim on June 16, 2015, including borrowing 2 million won from the victim, around October 5, 2015, around 1 million won, and around October 6, 2015.

The first 3 million won was clearly borrowed by the defendant for the purchase of a tourist bus, but the subsequent borrowed money seems to have not been a special reason for the victim to believe and lend it to the defendant.

(2).

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