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(영문) 울산지방법원 2019.10.11 2019노396

사기

Text

The judgment below

Part concerning the second and third crimes in the judgment shall be reversed.

The defendant shall be punished by imprisonment with prison labor for the crimes of Nos. 2 and 3.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) The Defendant in relation to the crime of fraud against the victim C was in operation of a security service company and had the intent and ability to repay the funds borrowed from the victim, but it was difficult to fully repay the funds due to the difficulty of the business. As stated in the facts constituting the crime in the judgment below, the Defendant, in collusion with E and with the victim, cannot be considered to have repaid the funds properly. The Defendant, who acquired 50 million won from the victim, conspired with the victim to obtain payment guarantee of KRW 5,100,000,000 from E and E in collusion with the victim, even if he/she believed the victim to have obtained payment guarantee of KRW 5,100,000,000 from E and E, thereby making it necessary for both families to live together with his/her children. When married to the marriage, he/she is too much 32,00,000,000,000 from E and E, thus he/she cannot be considered to have received the money from the victim E and E.

3) Since the Defendant, in relation to the crime of fraud against the Defendant F, prepared and financed an electronic bill to resolve the problem between E and the victim, there was no deception on the said victim, since he received money from the victim F in the course of promoting such business, and actually used to purchase the bill, and thus, he did not induce the said victim. (B) The lower court’s punishment against the Defendant on the crime of unfair sentencing (a year of imprisonment with prison labor for the crime No. 1 as indicated in the original judgment, and a two-year imprisonment with prison labor for the crime No. 2 and No. 3 as indicated in the

2. Judgment on the assertion of mistake of facts

A. The following circumstances, i.e., the evidence duly adopted and examined by the lower court regarding the crime of fraud against the victim C, i.e., the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court.