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(영문) 대구지방법원 2018.04.20 2017노5507
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal C along with the Defendant committing the instant facts charged

Comprehensively taking account of the consistent statement, the fact that the Defendant was involved in the crime of fraud, such as the fact that the Defendant was aware of the fact that the Defendant was not guilty, despite being aware of the fact that the Defendant was guilty, based on the fact that the Kakao Stockholm Stockholm was submitted as evidence in relation to the crime of fraud, the Defendant’s home delivery of the victim’s home delivery, and the acquisition of the Defendant’s profits from the fraud.

2. The summary of the facts charged of this case is as follows: (a) even though the Defendant did not have D contact pockets together with C, if he sent money, the Defendant conspired to buy money by deceiving D contact pockets on the Internet as if he sold them.

On February 22, 2016, the Defendant sold D contact pockets to the Internet Twitter in the residence of the accused in Youngcheon-si E on February 2, 2016.

The phrase “,” the victim F was written, and the phrase was in contact with the victim F, C would deliver 110,000 won to the victim via a mobile phone Kakao Stockholm case by transferring the amount to KRW 110,000 to the victim.

A false statement was made.

The Defendant was transferred KRW 110,00 to the Agricultural Cooperative (Serial H) account in G under the name of G in the name of the victim in the name of the container in the name of the victim.

Accordingly, the defendant, in collusion with C, was accused of the victim and received property.

3. On the grounds indicated in its reasoning, the lower court rendered a not guilty verdict on the instant facts charged on the ground that it is difficult to recognize the credibility of C’s police and the Defendant’s testimony at the first instance court, which correspond to the instant facts charged, and that the Defendant’s Kakao text message (a photograph) cannot be used as evidence of guilt because it was inadmissible.

The following facts are acknowledged based on the evidence duly adopted and examined by the court below in light of the circumstances admitted by the evidence.

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