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(영문) 대구지방법원 서부지원 2016.04.28 2014고단1527
사기
Text

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

Reasons

On January 31, 2008, the summary of the facts charged and the Defendant’s defense counsel’s assertion made a false statement to the effect that “Around January 31, 2008, the Defendant, in the Republic of Korea, constructed a house to the victim E, and invested half of the house to the retired immigrants of Korea, and constructed a house within Do, thereby creating a house.” The Defendant, upon returning to Korea, made a false statement to the effect that “The transfer of KRW 50 million is made for the purchase cost of land.”

However, the defendant did not have an intent to invest his own funds, constructed a house with investment funds received from the injured party, and then unrefilled the construction expenses, and the defendant thought that he had an ownership as if he invested half of the construction expenses.

Nevertheless, the defendant deceivings the victim as above, and he obtained 50 million won from the victim on January 31, 2008 as the purchase price for the land from the victim on or around January 31, 2008, and acquired 425,413,65 won in total from around that time to June 13, 2012 as shown in the annexed crime list.

Defendant

The defendant and his defense counsel asserted that the defendant invested half of the construction cost with the complainant on January 31, 2008, and agreed to build four-storys in Da in Bao-si, and accordingly, he received approximately KRW 400 million from the complainant from January 31, 2008 to June 13, 2012 as construction cost, etc. However, according to the above agreement, the defendant completed the construction cost by bearing half of the construction cost and transferred the above 1/2 shares to the complainant, and acquired the above 1/2 shares from the complainant under the name of investment, such as the construction cost.

Judgment

The finding of guilt in a criminal trial should be based on evidence of probative value, which leads a judge to the conviction that the facts charged are true to the extent that there is no reasonable doubt, so the prosecutor should do so.

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