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(영문) 창원지방법원 2015.12.10 2015노1803

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1 asserts that, around June 29, 201, the Defendant: (a) borrowed only KRW 20 million from the victim E on or around June 29, 201; (b) borrowed the remainder of KRW 30 million from the Defendant’s fraud K; and (c) there was no intent to obtain fraud, and there was an error of law that affected the conclusion of the judgment by misunderstanding the facts, thereby finding the Defendant guilty of the facts charged in the instant case; (b) the Defendant asserts that the punishment sentenced by the lower court (one year and four months of imprisonment) is too unreasonable.

B. The prosecutor asserts that the above sentence imposed by the court below is too uneasible and unreasonable.

2. Judgment on the assertion of mistake of facts

A. The facts charged in the instant case are 10 years ago that the Defendant lent money to the branch prior to the 10-year period. The Defendant was softend due to frequent activities, such as putting out a guidance instead of the members of the fraternity, and borrowed 500,000 won from the Nonghyup Card on September 21, 2006, and then borrowed 500,000 won from the Plaintiff’s card on September 21, 2006, or paid loans and interest by receiving credit card loans from the Plaintiff’s credit card company.

On the other hand, the defendant himself has operated a large amount of money and has bonds, and as well as his house was shoted, such as establishing a son, a son, and a person who was a soldier, etc., the defendant's obligation without any property arising from the process of "defluencing" such as lending a large amount of money from the surrounding people, including appropriation of living expenses and interest, reaches KRW 30 million with interest on the obligations of 50,000 won with respect to the Nonghyup Card, including the principal and interest on the obligations of 5,00,000 won with respect to the Nonghyup Card, and approximately KRW 26,000,000 won with respect to bonds, and the defendant eventually filed an application for adjudication of bankruptcy with the Changwon District Court on November 13, 2014.

【Criminal Facts】 The Defendant was Chang-si on June 4, 2010.