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(영문) 부산지방법원 2014.09.04 2014노921

사기

Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

As to the crime No. 1 (A) and (b) of the judgment of the defendant.

Reasons

1. Summary of grounds for appeal;

A. (1) Defendant 1’s assertion of mistake of facts (A) A of the first crime as indicated in the judgment of the court below; (b) the Defendant alleged the crime did not borrow money from I and J, but received money for investment purposes; and there was no deceitful act in the process.

(B) The money that the defendant alleged on the crime No. 2-A, B of the judgment of the court below received from C is not the money that the defendant received in the course of operating a lusium course and the defendant was not the money that the defendant belonged to the victim.

(2) Each sentence of the lower court on the assertion of unfair sentencing (the first-A and second-B of the original decision: Imprisonment with prison labor for one year and two months, and the second-B through 8 of the original decision: Imprisonment for four months, and imprisonment for two years and six months) for two years and six months.

B. In light of the nature of the inspection crime, each sentence of the lower court is too unfilled and unreasonable.

2. Determination

A. (1) The defendant alleged that he received money from the victims under the following circumstances acknowledged by the court below based on the evidence duly adopted and investigated by the court below to determine the facts regarding the crime No. 1 of the judgment of the court below, i.e., the defendant received money from the victims as investment funds for the development of the No. 1. However, the victims consistently from the investigative agency to the court of the court below stated that the defendant borrowed money from the defendant's statement that "if he lends money to the persons who have access to the No. 5IP room of the Gangseo-gu Casino casino as security, he would be able to compensate for money within a short period of time because he would be able to lend money." (2) The defendant moved the victims into the main station near the Gangseoland and introduced AG that he had been his former employee, and the victims stated that he had been working in the No. 5IP room.