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(영문) 서울중앙지방법원 2017.02.15 2016노3053

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as alleged in the facts charged, is the victim D (hereinafter “victim”).

There is no fact that money has been acquired by fraud, and there is no intention to commit fraud.

B. The punishment of the lower court is heavy.

2. Determination

A. Comprehensively taking account of the evidence examined by the lower court and the appellate court, the following facts and circumstances are acknowledged.

The fact that the defendant acquired money by deceiving the victim can be recognized based on this.

1) On August 2013, the Defendant visited the victim as a customer to the Rabbro page, “N” operated by the injured party, and became aware of the victim first, and together with those who seem to have been in a transactional relationship, visited the victim’s Rab car page frequently to pay a large amount of drinking value, etc.

2) As to the circumstances in which the victim borrowed money to the defendant, in the investigative agency and the appellate court, it appears that the defendant is believed to have a re-fisced by the defendant, as shown in P, by using the word "(i) with expertise, E and F, and (ii) using the word "(ii) with expertise, (iii) a large shareholder of E and E, and (iii) Gangnam, and talking about claims, and (iv) discussing the cases of investment in real estate of several hundred million won while making a call with P(P).

On September 2013, the following day after the defendant's approximately one month to be a customer of LBC, "It has a claim of 5.3 billion won in inside and in cash, and the money has been bound by a little amount of cash.

To lend KRW 16 million to 16 million, work within one week and return money to two times.

“To believe that the words were “,” and that on September 23, 2013, KRW 18 million was transferred to the Defendant’s single bank account.

On the next day, "The Financial Supervisory Service shall request a tax invoice from the Financial Supervisory Service and make the purchase sale 1.