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(영문) 대구지방법원 안동지원 2017.06.27 2016고단674
사기
Text

The defendant shall be innocent.

Reasons

1. The Defendant in the facts charged may see the victim E from “D” managed by the Defendant who is permanently residing in C on July 2010, to the victim E “in Japan,” and the benefit of several times from the sale in Korea.

At present, because there is no money, the payment will return the money by selling it immediately and return it, and the profit will not be interfered with.

Around July 30, 2010, around July 30, 2010, the term “to pay off money immediately,” stating to the effect that “I would pay back money because the Dacs entering Canada are not making a customs clearance due to lack of money.”

However, the defendant did not directly import multi-land plants in a foreign country, such as Canada at the time, and even if the multi-land plants brought in Japan were directly sold in Japan, the defendant did not have the intent or ability to pay the proceeds or to repay the borrowed amount to the victim.

As such, the Defendant, as from July 30, 201 to November 6, 2010, by deceiving the victim, obtained a total of KRW 6,1630,00 from 11 times to 11,00,00, as shown in the List of Crimes from July 30, 201 to 200.

2. In light of the following circumstances that can be acknowledged by the court’s duly adopted and investigated evidence, the evidence alone submitted by the prosecutor alone was proved to the extent that there is no reasonable doubt as to the Defendant’s deception by deceiving the victim as stated in the facts charged.

It is difficult to see it.

1) The victim consistently acknowledges that the part on August 1, 2010, which was KRW 3870,000, from the time when the police was investigated to the time when testimony was made from this court, is the amount invested by himself for the benefit of importing perennial plants in Japan.

2) On August 13, 2010, the Defendant exchanged KRW 1387,00 and KRW 20,000 on November 10, 2010, which the Defendant received from the injured party, into UN. On August 16, 2010 and November 11, 2010, the Defendant purchased doubleland plants to Japan along with the injured party.

The injured party is able to go through the Japanese language.

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