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(영문) 인천지방법원 2012.11.16 2012노1743

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is erroneous in the misapprehension of the judgment of the court below which found the defendant guilty in the absence of the fact that the defendant attempted to obtain a loan from the victim through H and failed to do so, thereby deceiving the victim and deceiving him/her as a means of loan brokerage.

2. The following circumstances acknowledged by the judgment of the court below and the court below and the evidence duly adopted and examined by the court below: ① the victim stated that the defendant would receive a loan by means of unaffording appraisal price, etc., and demanded money as appraisal expenses (No. 5, No. 13, and No. 17 of the Investigation Record); ② the defendant stated that he would not make the victim would receive a loan through a third party at the time when he would receive money under the pretext of loan brokerage (No. 1, No. 33 of the Investigation Record); ③ the defendant appears to have no ability to directly arrange a loan to the victim (this is recognized by the defendant himself); ④ The defendant's assertion that the defendant requested a loan brokerage is merely a bond business operator, even if the defendant's assertion is based on the defendant's opinion, and thus, the victim's statement by the court below is not well aware of the loan relationship (No. 1, No. 36 of the Investigation Record); ⑤ The defendant's statement of the witness at the court below is insufficient to support the defendant's argument that the defendant's transfer of money to the victim.

3. Thus, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.