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(영문) 대구지방법원 2015.11.06 2015재고정2
사기
Text

The defendant shall be innocent.

Reasons

1. Defendant A is a person who is between the injured party B and the same line.

On October 13, 2011, the Defendant had no intention or ability to pay the purchase price, even if he purchases the Ban worn by the victim on the street front of the Daegu Daegu Bus Terminal, Daegu-dong, Daegu-dong.

Nevertheless, it made a false statement that he/she would sell the price of KRW 600,000 to himself/herself more than three days, and he/she acquired it by acquiring it immediately from the victim who believed it to be true and by acquiring it by means of not paying the price.

2. According to the facts charged in the instant case, there is no evidence to acknowledge the facts charged, and rather, each of the judgment [the Daegu District Court Decision 2013Hun-Ma772 (Separation), 2013No1535 (Separation), and Supreme Court Decision 2014Do1774], B is prosecuted as the facts charged that “the Defendant submitted a false complaint to the Daegu Suhyup Police Station on April 26, 2012 for the purpose of having the Defendant punished, and the Defendant filed a false complaint with the same content as the facts charged, and B, upon being sentenced to a fine of KRW 4 million from the Daegu District Court on May 10, 2013 to a fine of KRW 200,000,000,000,000,000,000 won, which became final and conclusive on April 23, 2014.

3. If so, the facts charged in this case constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered under the latter part of Article 325 of the Criminal Procedure

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