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(영문) 서울남부지방법원 2019.05.03 2018고단5728 (1)
준사기등
Text

The defendant shall be innocent.

Reasons

1. On September 12, 2018, the summary of this part of the facts charged (the Defendant and C’s co-principal conduct) found and accessed the victim I(37 years of age) who was drunk on the roads surrounding the 267 mountain basin as the airport of Gangseo-gu Seoul Metropolitan Government around September 12, 2018, and led the victim to “H” main points of the 6th floor of the Gangseo-gu Seoul Metropolitan Government G building.

At around 22:30 on September 12, 2018, the Defendant and C: (a) around 22:30, the fact was that the victim had not been able to drink and pay the drinking value in a state in which normal decision is impossible because the victim had already been under the influence of alcohol and was in fact unable to fully hold his body, but was unable to do so; (b) however, the victim took advantage of the state in which the victim was suffering from mental and physical disorder and took advantage of the state in which the victim was suffering from a mental and physical disorder and took a drinking and beer, etc.; and (c) upon receiving the modern card from the victim on September 12, 2018, the Defendant settled KRW 270,000 on September 22:51, 201; and (d) the Defendant settled the total amount of KRW 23:46,350,000 on the date of the said day with the modern card in the name of the victim on March 16, 2008.

Accordingly, the defendant and C conspired to receive property by using the mental and physical condition of the victim who was drunk, and used the credit card of the victim who acquired it as above.

2. In a judgment, the burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the suspicion of guilt is between the defendant, even if there is no such evidence.

Even the defendant.

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