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(영문) 청주지방법원 2013.09.13 2012노911

사기

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The Defendant was dissatisfied with the lower judgment and filed an appeal on September 25, 2012. On October 11, 2012, the Defendant failed to submit the statement of grounds for appeal within 20 days from the deadline for submitting the statement of grounds for appeal even though he/she was notified of the receipt of the notification of grounds for appeal by this court on October 11, 2012. The petition of appeal does not state the grounds for appeal, nor does it find the grounds for ex officio

(2) The crime of this case against the prosecutor's grounds for appeal on February 2, 198 is a situation unfavorable to the defendant, such as the following: (a) the defendant, who is the head of a university, borrowed a large number of real estate and did not temporarily provide financing to the victim; and (b) the defendant, who received KRW 90 million from the victim, received additional KRW 50 million from the victim for one year thereafter without paying the loan; and (c) the crime is not good; (d) the defendant received additional KRW 50 million from the victim and received additional money from the victim; and (e) the amount of the loan continues to increase due to the failure of the business related to real estate that the defendant promoted, but the amount of the loan continues to increase; and (e) the damage was increased by borrowing additional money and investing in the above business; and (e) the victim's severe punishment is the defendant.

However, there is no record that the Defendant was punished for the same crime or has been punished as suspension of qualification or more severe punishment, and that the victim sold the land located in the Cheongju City, which was provided as security by the Defendant, and acquired the remaining amount of KRW 110 million after repaying the secured debt on the land during the purchase price. The amount of KRW 35 million from May 2009 to September 201, which was immediately after the lease from the Defendant, is under the name of interest.