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(영문) 서울중앙지방법원 2014.12.11 2014노3947

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is only the fact that the defendant received 10 million won as an employee of the Co., Ltd. E (hereinafter “E”) and remitted them to the E corporate account, and even though there was no intent to commit the crime of deception and deception, such as the facts charged, the judgment of the court below which found the defendant guilty of the facts charged in this case, is erroneous in the misapprehension of facts, which affected the conclusion

2. The following circumstances acknowledged by the evidence of the judgment, namely, ① the person demanding appraisal costs to the victim, ② the appraisal cost of KRW 10 million paid by the victim was deposited into the Defendant’s personal account via the Defendant’s National Bank and the Nonghyup bank account; ② the remainder of KRW 1 million was paid to the Defendant F; ③ the above nine million won was used for a purpose unrelated to the instant appraisal within 30,000 won from the date of transfer of the victim; ④ the Defendant operated E with himself; ④ the Defendant stated that he was not involved in the instant appraisal case; ⑤ the Defendant stated that he was not involved in the instant appraisal case; ⑤ the Defendant did not return the amount received by the Defendant at the appraisal cost, and the Defendant’s assertion of mistake of facts is without merit.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition.