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(영문) 대구지방법원 2020.09.09 2020노1462

사기

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles (related to the security deposit for the lease of a hotel and each fraud related to the cost of remodeling of the victim B) did not deceiving the victim at the time when the Defendant entered into a contract for the lease of a hotel with the victim B and a contract for the lending of money related to the cost of remodeling of the JMel, and there was no intent to commit fraud. Nevertheless, the lower court convicted this part of the facts charged, which was erroneous in matters of mistake of facts or misunderstanding of legal principles, thereby affecting the conclusion of the judgment. 2) The sentence of unfair sentencing (two years of imprisonment) sentenced by the lower

B. In full view of the statements by the victim B and the account transaction details of the defendant, etc., it is recognized that the defendant obtained 50 million won from the victim B and obtained misunderstanding of facts (as to the acquittal part - the fraud related to the C hotel remodeling cost for the victim B). Nevertheless, the court below found the defendant not guilty of this part of the facts charged, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment, which affected the conclusion of the judgment. 2) The sentence sentenced by

2. Determination

A. 1) Determination of mistake of facts and misapprehension of legal principles by the defendant and defense counsel of the court below on the ground that the defendant and defense counsel of the court below have the same arguments as the reasons for appeal of this part in the court below, and the court below rejected the above argument in detail with the defendant's assertion and its decision under the title of "determination of the defendant and defense counsel's assertion". 2) In addition to the following circumstances, the court below's determination of the court below based on the evidence duly adopted and investigated by the court below, the above judgment of the court below is justified and there is no error of law by misunderstanding facts

Therefore, this part of the defendant.