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(영문) 대전지방법원 2019.06.26 2018노2526

사기

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The Defendant alleged misunderstanding of facts and misapprehension of legal principles on the case 2017 Godan1953 is in charge of the Seo-gu Daejeon apartment G (hereinafter “instant G”) in the name of E.

In the course of trade, H's false loan proposal was delivered to E Dong-in, and the defendant did not have an intention to jointly process the above crime.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged. In so determining, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

The Defendant alleged in the case of the 2017 Godandan4308 was aware that the mother would sell and sell QR (hereinafter “instant No”) in the name of P, and that it is necessary to grant a loan to the buyer for the purpose of financing the buyer’s sales fund, and prepared a charter contract to be a lessor, P and lessee C (hereinafter “instant charter contract”) and received a loan from the W Bank, and the Defendant did not have any intent, intent, and joint consent to the said crime.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged. In so determining, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

The sentence of unfair sentencing (ten months of imprisonment, two years of suspended sentence, probation, and community service order) of the lower court is too unreasonable.

Judgment

In addition to the facts alleged in the lower court regarding the misunderstanding of facts and misapprehension of legal principles, the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, (i) even according to the Defendant’s assertion, the Defendant was recognized to have been able to suspect a false loan at least at the time when H offered a loan of the fund of the fund of the fund of the fund of the fund of the fund of the fund of the fund of the fund of the fund of the fund of the fund of