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(영문) 수원지방법원 2016.05.18 2016노213

사기

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding 1) At the time of borrowing from the injured party, the Defendant normalizationed the overdue interest on the loan with the Seoul Seocho-gu Seoul Metropolitan Government F apartment 1, 704 (hereinafter “the instant apartment”) and intended to sell the said apartment and repay it to the injured party. The contact with the injured party to purchase the apartment on the next day is that the apartment will be sold at a price lower than the anticipated one, and the Defendant would be repaid to the injured party by selling the other real estate.

In understanding, since the victim who was well aware of the financial resources of the defendant as a person in charge of the loan of the defendant, has suspended the period of repayment, there was a criminal intent of deceiving or deceiving the defendant.

subsection (b) of this section.

2) Even if a crime of fraud is recognized against the Defendant, the amount actually received after deducting a sum of KRW 700,000 from the name of the Defendant’s 10,000,000,000 for prior interest and expenses for creation of collateral mortgage, etc., which the Defendant intended to borrow from the damaged party, is KRW 9,300,000,000, not KRW 10,000.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. The court below rejected the above assertion by the defendant and the defense counsel in detail, on the grounds that the defendant and the defense counsel alleged the mistake of the facts concerning the crime of deception or deception are identical to the grounds for appeal in this part of the court below's judgment, and on the grounds that "the judgment on the defendant and the defense counsel's assertion" in the judgment,

In light of the circumstances acknowledged by the evidence duly adopted and examined by the lower court, the following circumstances acknowledged by the above evidence, namely, the Defendant loaned KRW 500 million to the instant apartment at the first police investigation, but sold the instant apartment at KRW 700 million.