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(영문) 청주지방법원 2014.10.30 2014노723

사기

Text

The judgment below

The part of the defendant B, excluding the rejection of the application for compensation order, shall be reversed.

Defendant

B.

Reasons

1. Summary of grounds for appeal;

A. In light of the following: (a) Defendant B was aware of the fact that the real estate offered as security by borrowing KRW 49,200,000 from the victim E, and (b) Defendant B was used in the collection of the Promissory Notes; and (c) Defendant B was endorsed on the Promissory Notes, thereby making profits from the discharge of the obligation to pay the Promissory Notes; (d) Defendant B could be recognized in collusion with Defendant A, but the lower court acquitted Defendant B of this fact, thereby adversely affecting the conclusion of the judgment.

B. Defendant A (1) misunderstanding of facts) Defendant A (hereinafter “instant real estate”) shall be the victim’s N, O, and the site of the Jeon-ju-gun of North Korea (hereinafter “instant real estate”).

(2) The judgment of the court below that held the defendant guilty of money by deceiving the victim, which affected the conclusion of the judgment of the court below, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment. 2) The sentence of imprisonment (six months of imprisonment) sentenced by the court below to the defendant A is too unreasonable.

2. Determination

A. The prosecutor's assertion 1) The defendant Eul, in collusion with the defendant Eul on November 2008, called "A to lend 44.2 million won with business funds," and "I will pay 60 million won with the interest of 3 installments if I lend 4.2 million won with business funds." On November 20, 2008, the defendant Eul presented a copy of the register of the real estate of the G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G group, and again proposed that "I would not lend money because it is a collateral security, a provisional attachment established on the above real estate, and thus it was rejected."