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(영문) 의정부지방법원 2013.08.22 2013노161

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, by misunderstanding of facts or misunderstanding of legal principles, had the intent of repayment and ability to repay money from the victim at the time of borrowing money, but the lower court found the Defendant guilty of the instant facts charged only with the evidence submitted by the prosecutor is erroneous or erred by misapprehending the legal doctrine on

B. The sentence of the judgment of the court below on unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. We examine whether the Defendant had the ability to repay the borrowed money by misunderstanding of facts or misunderstanding of legal principles.

According to evidence duly adopted and examined by the lower court, even if the Defendant: (a) from March 7, 2011 to April 25, 2011, the monthly rent of 4,980,000 won was in arrears for six months; (b) monthly rent of 2 months was in arrears for 100,000 won; (c) monthly rent of 10,000 won was in arrears for 10,000 won for 20,000 won for 20,000 won for 10,000 won for 20,000 won for 20,000 won for 20,000 won for 10,000 won for 20,000 won for 20,000 won for 20,000 won for 20,000 won for 30,000 won for 20,000 won for 20,00 won for 20,00 won for 1,00 won for .