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(영문) 인천지방법원 부천지원 2017.09.28 2017고정524
사기
Text

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

Reasons

1. On May 10, 2016, the summary of the facts charged is as follows: (a) the Defendant set up a agricultural shed in the infinite coffee shop located in Kimpo-si, Kimpo-si, and (b) the victim C, a land embling and landfillr, at approximately 2,00 square meters of “infinite, Kimpo-si, Kimpo-si, and 1 parcel.

3 million won will be filled up to 3 million won on the face of the week.

“.....”

However, since the defendant is not the owner of the above land, he was not capable of allowing the victim to reclaim the above land alone, and even if he was paid money from the victim, he did not intend to have the victim reclaim the above land actually.

The defendant deceivings the victim as above and received 300,000 won from the victim, i.e., the victim, and acquired it through deception.

2. In light of the following circumstances acknowledged by the evidence duly adopted and examined in this court, the evidence presented in this case alone was sufficiently proven that the Defendant, at the time, had had no intent or ability to leave the land reclamation to the victim, and had deceiving the victim as if he had such intent or capacity.

It does not appear.

Thus, this part of the facts charged constitutes a case without proof of crime, and thus, the acquittal is pronounced in accordance with the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment of innocence is publicly announced in accordance with Article 58(2) of the Criminal Act.

피고인의 친척으로서 위 토지의 소유자인 E은 이 법정에 출석하여, “ 위 토지가 2/3 정도만 성토된 상태에 있어, 이 사건 발생 이전부터 위 토지에서 농사를 짓고 있는 피고인에게 ‘ 기회가 되면 언제든지 흙을 받아서 성토를 마쳐 달라. ’라고 수차례 부탁해 놨었다.

Although there was no clear definition, it was not necessary to obtain permission in advance, and the cost was to be processed by the defendant after being identified.

The purport of “..........”

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