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(영문) 전주지방법원 2020.12.10 2020노1187

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) As to the crime of fraud listed in paragraph (1) of Article 2 of the judgment of the court below (Crimes listed in Attached Table 2 of Crimes List 2020 highest 736) in the judgment of the court below, the Defendant E (hereinafter “victim”).

In collusion with B, as shown in attached Table 1 of the judgment of the court below, by deceiving B, obtained funds from the Defendant as shown in B of the crime list No. 2 of the judgment of the court below. B urged the Defendant to pay the borrowed money, and there is a defect that the Defendant and the victim would file a complaint by the deceptive sale, and the victim would deliver the art articles listed in attached Table 2 of the crime list No. 2 to the Defendant and offer them as security to B. Since B sold them at low prices with the consent of the victim, there is no fact that he acquired the above art articles from the victim. 2-B of the judgment of the court below (200Da736 of the crime No. 736 of the crime No. 3 of the crime list No. 2020 to solve the above case, the victim sold the above art articles by selling them to B and selling them to B, so there is no fact that he acquired the above art articles from the victim.

2. Determination

A. As to the assertion of mistake of facts, the first instance court also asserted that the Defendant was not guilty in the same purport as the grounds for appeal, and the lower court, on this point, stated that ① the credibility of the victim’s statement is recognized, ② the Defendant’s statement that “the victim, who caused the defect that the Defendant and the victim filed a complaint together with the Defendant, discovered each art work listed in the attached Table 2 of the crime sight table 2 to the effect that it is false,” ③ the Defendant alleged that he partially sold the victim, but said statement is relevant.