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(영문) 수원지방법원 2016.09.21 2016노4142

사기

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The misunderstanding of the fact about the fraud against the victim C is merely the introduction of D to the victim C, and there is no fact that the victim C acquired money in collusion with D.

2) The Defendant, through P, was aware of the fraud against the Victim Capital Co., Ltd. (hereinafter “victim Co., Ltd.”), that G was expected to sell a secondhand vehicle after shipping the vehicle, and introduced a secondhand buyer. However, G did not take part in receiving a secondhand loan from the victim company.

3) The Defendant was not aware of the existence of a mortgage in the J’s rocketing-to-motor vehicle and did not inform the victim I of the establishment of the mortgage, but did not conceal the establishment of the mortgage and deception the victim I.

4) The sentence of the lower court (one hundred months of imprisonment) which is unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly admitted and examined by the lower court on the part of the Defendant’s assertion that the Defendant committed fraud against the victim C, namely, ① the Defendant would provide the victim C with a vehicle in Ireland, which entered into a contract with the victim C under the name of the victim C, by selling or taking as security, and pay KRW 10 million to the victim C.

The defendant received the above vehicle from the victim C, and requested the F to provide a loan as security, and the latter requested the F to transfer money to the account under the name of C, the next owner of the vehicle as if D was the representative of the workplace of C, and received money in the name of D in exchange for the payment of money to the account under the name of D. < Amended by Presidential Decree No. 2520, Mar. 29, 2014; Presidential Decree No. 2800, Apr. 2, 2014; Presidential Decree No. 25747, Apr. 2, 2014>

4.6.50,00 won;

4.8.10,00 won, respectively.