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(영문) 서울서부지방법원 2019.06.03 2018노388

사기

Text

Each judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) The Defendant committed fraud against the victim D (2018No388) (hereinafter “E”) only borrowed KRW 58 million from D as business funds, and only borrowed KRW 58 million from E (hereinafter “E”).

(2) The Defendant did not borrow money by specifying the purpose of using it as the acquisition price, and did not intend to issue a promissory note in return for the payment of money borrowed from D only once to know the issuance of a promissory note under the name of E. The Defendant did not intend to issue a promissory note in return for the payment of money borrowed. The Defendant had the ability to repay at the time of the instant case and had no intent to do so, and there was no deception by D. (2) The Defendant’s fraud against the Victim N, R, and V church (2019No209) at 2018 Go-Ba1204, 204, with the outstanding bonds related to the export of liquid fertilizers at the time of the instant case, and the shares of an agricultural company, an agricultural company, and a limited partnership, and the Defendant could not be deemed to have purchased the money by deceiving the Defendant from the Defendant’s private church to purchase the money from the Defendant’s private church without reflecting it in the lower judgment.

C) The Defendant, at the time of the instant case, did not know that there was a resolution by the board of directors of AB to set up a collateral on the building owned by AB at the time of the instant case. The Defendant agreed to set up a collateral on the establishment of the collateral with the consent of the representative AB School AE of the AB School, and thereafter, one of the directors of AB School did not object to set a collateral on the contrary, so there was no intent to defraud the Defendant. B. The lower court’s punishment against the Defendant of unfair sentencing (the first lower court’s imprisonment for eight months, and the second lower court’s imprisonment for one year and six months, respectively.