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(영문) 대전지방법원 2017.03.22 2016노2005

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

Summary of Reasons for appeal

A. misunderstanding of facts and misapprehension of legal principles, the Defendant did not deceiving the victim as to the use of the borrowed money on the ground that there was no means to say that money is necessary to purchase land for soup projects at the time of borrowing money from the victim D.

At the same time, the Defendant had a claim of KRW 335,00,000 against K and had been able to repay part of the money to the victim D, so there was a defendant's ability to repay and intent to repay.

must be viewed.

B. The sentence of the lower court’s improper sentencing (two years and ten months of imprisonment) is too unreasonable.

Judgment

A. According to the following facts and circumstances acknowledged by the evidence duly examined in the lower court and the first instance court as to the assertion of misunderstanding of facts and legal principles, the Defendant’s purchase of land for a soup project at the time of borrowing money from the victim D constitutes the purpose of the borrowed money, and the Defendant obtained money without the intent to repay and the ability to pay, and acquired it by fraud.

Therefore, the judgment of the court below on the above part is just and acceptable, and the defendant's above assertion is not accepted.

(1) A victim D shall consistently endeavor to purchase land in the mountain and mountain mountain and make soup soup from investigative agencies to the original trial.

The statement was made as follows: "The money needs to be loaned out of the purchase fund of the land in the mountain mountain."

around October 2012, the Defendant did not inform the victim D of the fact that “if it is believed that the Defendant was unable to pay it, it did not inform the victim D of such land accident building and the post office money.

In addition, the entrepreneur has become aware of his name.

A special person who is no longer due to his or her disability.

D See the word "Cr. C. A. B. A. A. B. A. B. A. B. A. B. D. a. B. L. A. B. D. a. B. B. D. L. D. a. B. B. L. D. D. a. B. B. D. L. B. L.C.D. on December 12, 2012.