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(영문) 전주지방법원 2016.06.24 2015고단1432
사기
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is that the Defendant organized the sequence (13 days and 5 days) that pays 30 million won for each of the 1.2 million won by setting up 26 old units around July 13, 201 and April 5, 2012, respectively, around 13 and 1.2 million won for each of the 1.2 million won for each of the 13th calendars (13 days and 5 days). The victim C joins Nos. 2, 8, 11, 12, 17, 24, and 25 of the 13th calendars. The Defendant joined the 5th calendars Nos. 3,6,8,18,18,20,24, and 26 of the 5th calendars.

During the operation of each of the above sequences, the Defendant made a false statement to the effect that “The Defendant would continue to pay the time limit money without a molding the victim according to the sequence between the 13-day fraternity and the 5-day fraternity.”

However, in fact, while the Defendant did not have any particular income or property, the Defendant did not have an intention or ability to pay the time limit money according to the No. 15 in fact, such as failure to pay the time limit money of KRW 30 million to the time limit No. 15 in August 2012 due to the failure to receive the monthly payment from the time limit members, while the Defendant did not have an individual obligation of KRW 100,000,000,000,000 from the time limit No. 130,000.

Nevertheless, as above, Defendant 1 made a false statement to the victim from August 2012 to May 2013, 2013, the sum of KRW 24 million as the monthly payment Nos. 24 and 25 of the said 13-day fraternity between the victim and the victim, and the sum of KRW 48 million as the monthly payment Nos. 18, 20,24 and 26 of the said 5-day fraternity as the sum of KRW 48 million as the monthly payment No. 18,26.

this shall be received and shall be acquired by fraud.

2. Determination

A. The conviction in a criminal trial ought to be based on evidence of probative value, which leads a judge to have a conviction that is beyond a reasonable doubt, to such a degree that the facts charged are true. Therefore, if there is no such evidence, even if there is a doubt of guilt against the defendant.

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