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(영문) 전주지방법원 2018.01.12 2017노632

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. Regarding the case of misunderstanding of facts and misunderstanding of legal principles 2015 senior 258, the Defendant only offered a security to enable FF to borrow money from the victim G, and there was no deception or any pecuniary gain by deceiving the victim or obtaining any pecuniary gain through this, and there was no reason to compel F to obtain financial gain. Therefore, there was no intention to commit fraud.

Nevertheless, the judgment of the court below which found the defendant guilty on this part is erroneous in the misapprehension of facts and legal principles.

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. The summary of this part of the facts charged is as follows: (a) the Defendant, around December 2013, together with F, holding a claim for a loan of KRW 215,00,000 to the Defendant at the Taejin-gu Seoul Special Metropolitan City D’s coffee shop at the end of the end of December, 2013; and (b) the Defendant, “The Defendant,” who paid off F, KRW 215,00,00,000, money to F.

J. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. to pay KRW 105,00,000 in lieu of F. H. H. H. H. to F. H., H. H., H. to pay KRW 110,00,000,000 by March 30, 2014.

“.....”

Accordingly, the victim agrees to succeed to F to F's debt of KRW 105,00,000,000, instead of exempting F from F's loan to F's debt of KRW 105,000,000, and instead of paying the Defendant's debt of KRW 110,000,000 on behalf of F, the victim acquired the Defendant's claim of KRW 215,000,000 in total against the Defendant, while the Defendant obtained the Defendant's claim of KRW 215,00,00 in the manner of receiving the list of collateral, such as automobiles, which the Defendant provided as security from F at the time of borrowing money from F, from F.

However, the defendant is the victim.