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(영문) 인천지방법원 2014.04.07 2013고단8256
사기
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is a person who has operated the frequency of “D fishery” in the general fish market located in Jung-gu Incheon Metropolitan City, Jung-gu.

On June 2010, at the beginning of June 2010, the Defendant made a false statement that “The Defendant would repay the value of the goods to the victim E” from the above D fisheries to the victim E.

However, the Defendant was in a state of receiving cash services with credit cards in the name of the Defendant’s mother F or conducting the collection and management of credit by using bonds (tentatively referred to as “defensive”), and thus, the Defendant did not have any intent or ability to repay the said money even if borrowed from the victim.

As above, the Defendant, by deceiving the victim as above, obtained 45 million won from the victim at that time, and acquired it by deception.

B. On July 29, 2010, around July 29, 2010, the fraud Defendant made a false statement from the aforementioned D Fishery to “A victim E to pay the value of the goods, which would have not been repaid in 16 million won because he/she did not pay the value of the goods.”

However, the Defendant was in a state of receiving cash services with credit cards in the name of the Defendant’s mother F or conducting the collection and management of credit by using bonds (tentatively referred to as “defensive”), and thus, the Defendant did not have any intent or ability to repay the said money even if borrowed from the victim.

As above, the Defendant, by deceiving the victim and deceiving the victim, acquired KRW 16 million from the victim to the Cit Bank account (G) in the name of the Defendant.

2. According to Articles 354 and 328(2) of the Criminal Act, a crime of fraud between relatives not living together may be prosecuted only when a criminal complaint is filed. According to the records, the defendant and the victim may recognize the fact that the defendant and the victim are private villages. Since it is obvious that the defendant and the victim revoked a criminal complaint against the defendant on March 18, 2014, which is after the prosecution of the case, pursuant to Article 327 subparag. 5 of the Criminal Procedure Act.

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