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(영문) 수원지방법원 2014.11.27 2014노4124

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) A de facto marital relationship between the Defendant and the victim maintained from around 2002 to October 2012, and the Defendant continued to receive money with the victim during the de facto marriage period. The fact that the victim provided or provided the instant money to the Defendant is that the Defendant received money under mutual agreement by either providing or donating money to business funds or using joint living expenses without mutual due date or mutual interest without mutual agreement, and it cannot be deemed that the Defendant was deceiving the Defendant as a victim. 2) Around 2004, the Defendant operated the M&A and N company, operated an O company for more than two years from 2006 to 206, operated an O company as a recycling business place, carried out subsequent implementation activities.

3) As to each of the facts charged in the separate sheet Nos. 1, 2, and 7 of the lower judgment’s judgment, each of the following facts are as follows: Kimcheon-si E Forest and 7140 square meters and D forest and 41653 square meters (hereinafter “each of the instant forests”).

(4) As to the facts charged in the crime list No. 1 of the judgment below, the Defendant and the victim borrowed Q from Q to repay P the above debt amount of KRW 52 million, and the Defendant and the victim received a loan from the Kimcheon-si Forestry Cooperatives to repay Q's debt amount of KRW 52 million, as shown in this part of the facts charged, as long as the secured value of Q was sufficient to secure the above debt amount of the above debt amount, there is no risk of damage or damage, or fraud cannot be recognized. 4) As to the facts charged in the crime list No. 1 of the judgment of the court below, the Defendant and the victim borrowed Q from Q to prevent the execution of P's right to collateral security. The Defendant and the victim were to obtain a loan from the Kimcheon-si Forestry Cooperatives to repay Q's debt amount of KRW 52 million.