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(영문) 서울중앙지방법원 2018.02.08 2017고단3852
사기
Text

The accused shall disclose the summary of the judgment of innocence.

Reasons

1. On November 2010, the Defendant made a false statement in the facts charged to the victim C (the remaining, the age of 37 at that time) on the 1st floor of the 240th century, the Songpa-gu Seoul Olympic Winter Games, stating that “The contract would be reduced, introduced, and operating expenses would be changed so that the store occupants may work on the side page of the 201st century.”

However, the above D stores had already been occupied by E stores, and the Defendant did not have any discussion about the plan to occupy the said stores, and there was no clear plan to have the victim visit the said stores. The above stores were opened by the sports store and the annual member center around March 2012 in the 1999, and the Defendant did not have any intent or ability to allow the victim to occupy the said stores, even if he received money from the victim for the purpose of introducing funds, such as the commission fee.

Nevertheless, the Defendant, as such, received KRW 10,000,000 from the time to July 1, 201, by deceiving the victim and receiving KRW 10,000,000 from the bank account (G) with the F name of Korea, for the purpose of introduction, etc., for three times, including the remittance of KRW 10,00,000,00 from November 18, 201.

Accordingly, the defendant was given property by deceiving others.

2. The Defendant and his defense counsel did not have the intent to commit fraud because he had the intent and ability to sell the victim to the store at the time of receiving the above money.

3. According to the evidence duly adopted and examined by the court, the evidence submitted by the prosecutor alone, based on the following facts, that the Defendant received each of the above money from the victim, even though the Defendant did not have the intent and ability to sell the victim in the Bluland or the lot-related store.

It is difficult to see it.

1) The Defendant directly operates a store by leasing a brand, such as brand cosmetics, clothes, shoes, and lusium, or part of the store in the store.

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