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(영문) 서울북부지방법원 2018.10.25 2018고단566
사기
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On April 2010, the Defendant, at the D legal office located in the subparagraph C of the building B in Seoul Special Metropolitan City, concluded that “The Defendant would pay the victim E the cost of disposal of real estate for a period of two years to ensure that the registration of disposal of real estate is maintained for a period of two years.”

However, the Defendant not only did not have a lawyer's qualification but also did not know the way to maintain the registration of the disposal of real estate for a period of two years. Thus, even if the Defendant received money from the injured party as the cost of maintaining the registration of the disposal of real estate, the Defendant did not have any intention or ability to maintain the registration for two years.

On April 27, 2010, the Defendant: (a) by deceiving the victim; (b) received KRW 3 million from the F bank account (G) in the name of the Defendant for the expenses of maintaining the registration of provisional disposition around April 27, 2010; and (c) received from August 26, 2010 the sum of KRW 19 million in total under the same name, as shown in the separate crime list, from August 26, 2010.

2. The burden of proof for the criminal facts prosecuted in a criminal trial for judgment is to be borne by the public prosecutor, and the conviction for conviction is to be based on the evidence with probative value that makes the judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is a doubt as to the defendant's guilt, it shall be determined with the benefit of the defendant (see Supreme Court Decision 2001Do2823, Aug. 21, 2001, etc.). In light of the following facts and circumstances acknowledged by the record, the evidence submitted by the public prosecutor alone proves that the defendant acquired it as stated in the facts charged in the instant case, with no reasonable doubt.

It is insufficient to view it, and there is no other evidence to prove it.

Defendant

In light of the agreement submitted by the side, it is common to receive five million won in the non-acceptance period and seven million won in the sex acceptance period.

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