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(영문) 부산지방법원 2018.04.06 2017노3107

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

All the costs of the original judgment and the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In fact, the Defendant is recognized to borrow KRW 15 million from the victim C, but the Defendant did not have any criminal intent to obtain fraud and received all the remainder of KRW 7 million. ② The amount of KRW 20 million received on April 5, 2013 is merely the money borrowed from F through D, together with the victim E, and not the said victim.

However, the court below found all of the facts charged of this case guilty, which is erroneous in the misapprehension of facts, thereby affecting the conclusion of the judgment.

2) The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Determination

A. The lower court rejected the Defendant’s assertion on the Defendant’s assertion as to the Defendant’s factual mistake by asserting the same as the grounds for appeal in this case at the lower court’s judgment, and based on the detailed statement of the Defendant’s assertion and its determination, the lower court rejected the Defendant’s assertion. In so doing, the lower court and the lower court acknowledged the following circumstances as duly admitted and investigated by the evidence: (a) the Defendant transferred KRW 230,00 won to the victim’s account on October 3, 2014; (b) December 31, 2014; and (c) KRW 330,00 won to the victim’s account on December 31, 2014; (d) the 230,000 won transferred on October 3, 2014, at the rate of 150,000 won calculated on October 3, 2014; and (e) the Defendant transferred money to KRW 3130,500,000,31.

D The defendant lent KRW 50 million to investigative agencies if he/she needs dental and sexual surgery operation funds, and he/she is aware of the surrounding persons.

It lends 20 million won to victims E.