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(영문) 부산고등법원 (창원) 2019.09.18 2019노48

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. Summary of grounds for appeal;

A. The court below found all of the criminal facts in the judgment of the court below guilty. The court below erred by misunderstanding of facts or misunderstanding of legal principles as follows.

1) The Defendant borrowed KRW 100,000,00 from the victim D to use it for the deposit money necessary for acquiring the qualification as a intermediary of Jeju-do F, and thereafter, did not induce the said victim since it was actually used for its original purpose.

B) At the time of borrowing money from the above victim, the court below found that there was no intention to obtain money from the defendant. 2) Part 2 (2) of the attached crime list of the crime in the judgment of the court below, 3 (30,000,000 won per annum, 50,000 won), 8 (50,000 won) and 9 (150,000,000 won) of the attached crime in the attached crime list of the crime in the judgment of the court below, but the defendant did not express the above argument about 2,3 (2) of the attached crime in the attached crime of the judgment of the court below, but it is recognized that the defendant did not obtain money from the victim J, the sum of this part is not included in the crime of fraud (2) of the attached crime of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, since the defendant did not obtain money from the victim J, the defendant is not included in the crime of fraud.

3) It is true that the Defendant was provided with light language from the victim J and partly unpaid.