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(영문) 인천지방법원 2018.08.23 2017고단7222
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged was around February 2016, the Defendant: (a) “The original business entity that supplies sports the test to C” provided the sports tape to the victim B; (b) developed this sports tape.

However, it is necessary to produce 50 million won in the production of the string machine.

“Along with the loan of money,” and after hearing the statement that the money currently owned by the injured party should not be more than KRW 30 million, the loan was made to the injured party, and the loan was made to the injured party.

However, in fact, when the Defendant received the above money from the damaged person in an economically poor condition, such as the credit rating of approximately KRW 600,000,000,000, out of which was 10,000,000,000 from the injured person due to the financial standing of KRW 10,000,000,00 from his own personal loan, it was thought that he would be used as expenses for his personal debt and operating expenses of his personal business chain, and thus, at that time, he did not have the ability to repay even if he borrowed the above money from

On April 1, 2016, the Defendant, by deceiving the victim, received 30 million won from the victim to the Defendant’s bank account (Account Number F) designated by the Defendant from the victim, and acquired it by fraud.

2. Determination

A. The burden of proving the facts charged in a criminal trial is to be borne by a public prosecutor, and the conviction of guilt is to be based on evidence with probative value that makes a judge feel true to the extent that there is no reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine the defendant's interest as the defendant's interest (see, e.g., Supreme Court Decision 2010Do9633, Nov. 11, 2010).

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