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(영문) 부산지방법원 동부지원 2018.06.07 2017고단1990
사기
Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. On June 2015, the summary of the facts charged charged by the Defendant: “The Victim G, a partner of F, who works together with the Defendant in the “D Burial” located in Busan Maritime Transportation Daegu C (hereinafter “E Burial”) at the E store (hereinafter “E store”) with him/her, was granted 50% of the profits from E store to children.

In this regard, the term “the lending of money to be used as the deposit money for the deposit money for the lease on a deposit basis is false.”

However, even if the defendant received money from the injured party due to the circumstance that he had been liable for personal debt amounting to KRW 300 million and paid the principal and interest of KRW 500,000,000 per month under bad credit standing at the time, he merely thought that he would use the above deposit for personal debt, not the deposit, and he did not intend to make profits from the injured party or to return the money as agreed upon by the injured party.

The defendant deceivings the victim as above, and thereby deceivings the victim, to account under the name of his Ha on June 29, 2015 to KRW 10 million from the victim, the same year.

7.3. It was remitted to the same account in the amount of KRW 30 million in total, including KRW 20 million.

2. The prosecutor bears the burden of proving the facts charged in a criminal trial against the judgment below, and the conviction of the guilty ought to be based on evidence with probative value sufficient for the judge to have a reasonable doubt that the facts charged are true. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine it with the benefit of the defendant.

Therefore, according to the evidence duly adopted and examined by this court, the fact that the defendant received KRW 30 million from the injured party and used it to repay his/her debt, etc., and that the defendant stated that the above money would be used for the purpose of paying the deposit for lease when receiving KRW 30 million from the injured party.

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