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(영문) 전주지방법원 군산지원 2015.06.24 2014고단1360
사기
Text

The prosecution of this case is dismissed.

Reasons

1. On March 5, 2012, the Defendant stated in the facts charged that “Around March 5, 2012, the Defendant may collect money from the victim E who is in the relation of the Dcafeteria located in the Military Service C in the form of a large amount of saw-to-saw day in which the Damond is stuffed for an industrial use. If the Defendant borrowed money to see the business, he shall not pay the money, and he shall not pay the money, and he shall repay the money without any mold 2 to 3 months after the two to 3-month,” and “a money may be repaid if he lends money to the bond business, because he can fully repay the money from F to the money generated from the business of selling the Dmond saw-to-day.”

However, the defendant did not own a saw-to-saw day, and the business of purchasing and selling it was not practically carried out, and even if he borrowed money from the victim due to the shortage of money in corporate bonds, there was no intention or ability to repay it.

Nevertheless, the defendant, by deceiving the victim, received 5.9 million won from the victim G in the same day from the victim's child G (Account Number: H) and then transferred the same year from around that time.

4. By December 23, 200, a total of 2,4750,00 won was remitted over 30 times as shown in the annexed list of crimes.

2. The facts charged in the instant case of dismissal of prosecution are crimes falling under Article 347(1) of the Criminal Act, and Article 328(2) of the Criminal Act, which applies mutatis mutandis under Article 354 of the Criminal Act, applies mutatis mutandis under Article 328(2) of the Criminal Act, where the victim and the defendant have a relationship of relationship under

According to each family relation certificate and each written agreement to withdraw a complaint, the defendant and the victim may recognize the fact that they have kinships provided for in the above provisions between the Dong and the Dong, and the fact that the victim revoked the complaint against the defendant on June 2, 2015, which was after the prosecution of this case.

Therefore, the prosecution of this case is dismissed in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act.

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