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(영문) 의정부지방법원 2019.08.16 2019노978

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

All applications for compensation order filed by an applicant for compensation shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. A prosecutor 1) The Defendant was unable to directly contact B, the complainant, around December 2016. However, the Defendant stated that “F company has the right to operate the Defendant, has strong financial standing, and would make a contract one week after deposit of money,” and that C delivers the horses from the Defendant to B, and that in this case B delivers the Defendant a deposit amount of KRW 20 million to the Defendant. In addition, the Defendant was aware that B had explained the Defendant as to D sale through C, such as preparing a loan certificate, etc. In addition, the Defendant is recognized as having committed the crime of deception and fraud against B. Nevertheless, the lower court erred by misapprehending the facts and misapprehending the legal doctrine on unreasonable sentencing. (2) The lower court’s sentence of unfair sentencing is too unreasonable.

2. Determination

A. The lower court determined that it is difficult to view that there was no reasonable doubt that the Defendant, while explaining the grounds for the prosecutor’s assertion of mistake of facts in the judgment of the lower court, by deceiving B as a criminal intent of defraudation of the complainant B, and received KRW 20 million from B as a security deposit, was proven to the extent that there was no reasonable doubt.

In light of the statements made by C and B and the loan certificates prepared by A in the investigative agency, there is a strong doubt that the Defendant may have committed a crime as stated in this part of the facts charged.

(1) However, C made a statement to the police to the effect that “C was aware of his finite D’s finite and finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite finite f.