2013 Highest 4497 Fraudulent

A

Lee Jin-young (Court of Appeals) and Kim Jin-young (Court of Appeals)

Attorney B

November 28, 2014

The defendant shall be innocent.

1. The facts charged in this case

The defendant is non-speed.

In fact, although the Defendant did not have to take prompt action as designated by the Defendant, such as receiving money from the victim C, and the husband did not take care of his knife with the knife, etc. on September 24, 2012, the Defendant: (a) on September 24, 2012, when the Defendant received the right to receive the right to receive the right to receive the deposit, the husband died of the knife with the knife; (b) he died of the knife; (c) his knife with his knife; and (d) he did not complete the right to receive the right to receive the deposit at now, and (d) obtained the consent of the victim to receive the right to receive the deposit from the victim on October 8, 2012, and received the knife amount of KRW 2,00,000 from the victim, and did not receive the deposit amount of KRW 18,000,00 from the victim, 16.

2. Determination

In the context of non-speed, the fundamental principles, characteristics, etc. have not been sufficiently explained scientificly, but have been widely implemented among the general public in Korea for a long time, and its meaning or subject is rather than within the scope of objectively recognizable logic, it is established on the premise of settlement and non-defensive world, such as ties or ears, rather than within the scope of objectively recognizable logic.

In the execution of the annexed work, it is most intended for the person in need of the consent to participate directly or indirectly in the process rather than requiring the achievement of any objective result. In exceptional cases where the objective of the attached work is to achieve the objective of the attached work, as long as the operator committed an act without the intention to achieve such objective objectively and as a subjective intent to achieve such objective, and as long as it was an intention to achieve such objective, it is difficult to deem that the operator without the consent of the party, etc. was deceiving the requester of the right to demand the performance of the bond, etc. even though the objective of the attached work has not been achieved, it is difficult to deem that the operator, etc. was unaware of the intent to act with the truth. However, if the operator did not have any intention to act with the intention to act with the intent to commit it, and instead, by deceiving the other party and takes illegal profits, or by actively deceiving the requester by pretending it to take property or property

In full view of the circumstances revealed by the evidence duly adopted and investigated by this court based on the above legal principle, the time and circumstances of the accusation are not sufficient to deem that the evidence submitted by the prosecutor, such as the victim’s statement, etc. alone is the same as the effect that the defendant did not believe the effect of the defendant without the intention to engage in an indecent act, and that the defendant obtained unjust profits by deceiving the victims or by actively deceiving the victims by pretending the indecent act beyond the ordinary scope of religious acts, and there is no other evidence to acknowledge this otherwise.

(1) Relationship between the Defendant and the Victim

In 204, while considering the alcohol addiction and violence of the victim's husband, the victim continued to maintain the relationship for about 8 years until February 2013 after being introduced by the defendant's partner through the defendant's partner. In light of the overall circumstances during the period stated in the facts charged, the defendant and the victim seems to have formed a considerable amount of friendship beyond the mere customer's son's son's son's son's son's son's son.

(2) Even if based on the circumstances leading up to, and the statement of, the victim with priority over the victim, the victim’s husband’s alcohol addiction and domestic violence began at the request of the victim, and there is no case where the Defendant received money from the victim as the expenses for the performance of the contract, and the Defendant did not have the right to demand the payment of money.

On the other hand, it is possible for the Defendant to continuously recommend the Defendant to engage in an act without delay, such as taking the right to demand the payment of property or taking advantage of the above difficult situation. However, considering that (i) the relationship between the Defendant and the victim, (ii) the victim’s lottery winnings several times during the period charged, (iii) the name, time and frequency of the victim’s payment, (iv) the victim’s age, career, occupation (the victim appears to have continued to engage in the sales so that he was the husband from the beginning of the first marriage in 191), and (ii) the victim’s husband of the graduate academic career seems to have been present as the victim from the beginning date of the first birth in 191, as described in the facts charged, and (iii) the Defendant continued to provide the money under the name of the husband, such as expenses for the payment of the right to demand the payment of property, the portrait value, the expense of the mother, and the value of the husband’s birth value, etc., it is difficult for the Defendant to obtain the possibility of stabiliz in the Defendant’s relationship with the Defendant’s mind.

In particular, regarding Nos. 87,88 related to the number 87, and 88 as indicated in the facts charged, there is no need for the victim to receive the right to receive the right to receive the right to receive the right to receive the right to receive the right to receive the right to receive the right to receive the new forest, even if there is no special change in the future, even if the victim did not receive the right to receive the right to receive the right to receive the right to receive the right to receive the new forest, or there is no obvious evidence to deem the victim to have received the right to receive the right to receive the right to receive the right to receive the right to receive the right to receive the right to receive the new forest, by deceiving

(3) Appropriateness of the cost of such act or act;

After receiving money from the victim, the Defendant appears to have purchased or disbursed goods, etc. for the purpose of the victim, such as duplicating or creating the rupture, etc., for the victim. In full view of the foregoing, it is difficult to conclude that the content, form, and procedure of the rupture, including the rupture, performed by the Defendant, falls short of the level of the rupture of the rupture, which is generally performed in the industry

Furthermore, the Defendant provided detailed explanation to the investigative agency about the reason for setting the value of the deposit (including the value of the deposit of trust) specified in the attached list of crimes, and the reason why the Defendant had the right to receive the deposit of trust. In this case, where there is no evidence to deem that the Defendant’s acquittal at all is unreasonable on the record, it is difficult to conclude that the value of the deposit of trust received from the victim exceeds the ordinary category, or that the Defendant has performed the right to receive the deposit of trust too frequently with the intent to acquire the money.

3. Conclusion

Thus, the facts charged in this case constitute a case where there is no proof of crime, and thus, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure

Judges, Appointment and Civility

1) The content of deception methods listed in the attached list of crimes is somewhat abstract to the effect that most of the methods of deception have been re-envened in the future.

2) The Defendant appears to have received most of the money as an account, and whether he/she has received five million won in cash No. 88 listed in the attached Table No. 88.

It is not clear.

3) Payment to the Defendant in full view of the period of the charge for the seven-year period, the size, frequency, and content of the indecent act, etc.

It is difficult to readily conclude that the money is excessive.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.