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(영문) 의정부지방법원 2016.07.19 2016노1388

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not borrow 14 million won from the victim C.

2) The Defendant did not borrow KRW 27 million from the victim G.

3) Money received from the victim N is KRW 60 million and is received as investment money, not acquired through deception.

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

2. Determination

A. 1) Determination on the assertion of mistake of facts as to the victim C is based on the following circumstances acknowledged by the evidence duly adopted and examined by the lower court. The witness C of the lower court stated to the effect that “A lent KRW 14 million to the Defendant twice on July 13, 2013, and July 15, 2013” as stated in the facts constituting a crime in the lower judgment (see, e.g., Supreme Court Decision 61th of the trial record). The witness Q of the lower court stated to the effect that “A lent money to the Defendant on July 13, 2013.” The witness Q of the lower court supported C’s statement (see, e.g., Article 195 of the trial record). The witness R of the lower court also stated to the effect that “the Defendant borrowed money from C two times” (see, e.g., the trial record No. 107, Oct. 13, 2013; see, e., Supreme Court Decision 2001

Therefore, the defendant's above assertion is without merit.

2) The following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, the witness G of the lower court stated that “The Defendant lent KRW 30 million to G,” and that the actual amount of which was paid was KRW 27 million due to the prior interest deduction of KRW 3 million (see, e.g., public trial record). The Defendant drafted 2 a loan certificate of KRW 15 million on July 15, 2013 to G, and the Defendant drafted 10 million loan certificate of KRW 10 million on July 27, 2013 to G (see, e.g., title 19, 20, 2100, KRW 10,000 on July 27, 2013).