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(영문) 부산지방법원 동부지원 2018.07.11 2018고단160
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant, while operating the clothes “D” in Pyeongtaek-si in Gyeonggi-do, was able to obtain money by accessing the victim E who became aware of due to the repair of clothes when the enemy was accumulated and the Defendant paid the existing debt by preventing the return of the debts in excess of the debts.

On March 21, 2016, the Defendant: (a) was unable to provide funds to the Victim to purchase and sell any dumped device after running a separate mobile phone sales store on or around March 21, 2016.

If you lend money, 5% of the annual interest rate will be paid.

“The phrase was false.”

However, in fact, the Defendant did not think that he would have borrowed money from the injured party as the fund to purchase the dumped device even if he/she borrowed money from the injured party, and there was no ability or intention to pay the money within the agreed date.

Nevertheless, Defendant deceiving the victim as above and received KRW 2,00,000 from the victim to the Agricultural Cooperative G account in the name of Defendant, and from then on November 12, 2016, Defendant acquired KRW 37,870,000 in total from 19 times to 19 times under the name of funds to purchase dumped devices or funds to operate clothes operated by Defendant as shown in the List of Crimes.

2. The summary of the Defendant’s assertion is that the Defendant borrowed money from the injured party for the purpose of operating the clothes store, and there is no money borrowed from the F for the purpose of purchasing the dumped device.

The defendant has no fact of deceiving the victim.

3. Determination

A. The burden of proving the facts charged in a criminal trial is to be borne by the prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true to the extent that there is no reasonable doubt.

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