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(영문) 서울서부지방법원 2015.08.27 2015노460

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) As to the fraud against the victim F, the Defendant actually ordered a deputy president as promised to the victim F, and paid the agreed earnings, and the E Child Care Center located in Eunpyeong-gu Seoul, Seoul (hereinafter “D Child Care Center”) from the J of the Staff of the KIKO Savings Bank before receiving the investment funds.

(2) Around 150 million won as security, the victim F may obtain additional loans from 180 million won to 100 million won, and was believed to be able to obtain sufficient amount of money from 20 million won to 50 million won from 20 million won from 30 million won from 30 million won from 40 million won from 40 million won from 40 million won from 10 million won from 40 million won from 10 million won from 40 million won from 30 million from 100 million from 40 million from 10 million from 200 million from 10 million from 40 million from 10 million from 200 million from 10 million from 200 million from 20 billion from 10 million from 40 million from 200 million from 20 million from 1 million from 2000 won from 20 million from 20 million from 2000 won from 20 million from 30 million from 200 million from 300 million won.

Therefore, the defendant is thought to be able to make a full deposit in the future, and the same year as of January 26, 2012.

2.6.0.00.00

5. It cannot be said that there was a criminal intent to obtain fraud, since he received various guidances around July.

B. The sentence of unfair sentencing (two years of imprisonment) by the lower court is too heavy.

2. Determination

A. In light of the evidence duly adopted and examined by the lower court and the first instance court as to the fraud of one victim F in regard to the assertion of mistake of facts, the following circumstances are considered.