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(영문) 대전지방법원 2017.02.14 2016노2409

사기등

Text

The judgment below

Of the judgment of the court below, the part concerning the provisional crime No. 1 and the second crime (including the non-guilty part) of the judgment of the court below, and the compensation order.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant and the victim related to Section 1-A of the judgment of the court below, as an internal relationship, tried to operate P together. Since the Defendant led the interior construction for the foregoing main points, the victim voluntarily opened a Masp passbook in his name for convenience such as expenses incurred in relation thereto, and the Defendant released money from the above Masp passbook in the victim’s name or used the above Maspbook with the consent of the victim, and mainly used the P as expenses for interior construction and an intersection with the victim.

The transaction of money between the defendant and the victim is an internal-related free transaction between the parties, and there is no promise that the defendant borrowed or promised to change money from the injured party.

Even if the Defendant borrowed money from the damaged party,

Even if the defendant operates a letter, etc. in the underground of the Dtel building, the defendant is operating the victim.

The phrase " merely stated the facts constituting the crime of paragraph 1 of the judgment of the court below, and there is no statement as stated in the facts constituting the crime of paragraph 1.

In addition, at the time, the Defendant had the intent and ability to pay the amount of monthly income from 700 to 80 million won, and the Defendant actually repaid the amount of money borrowed from the damaged party by paying P construction expenses at his own expense.

In consideration of such circumstances, the Defendant acquired money from the victim.

shall not be deemed to exist.

B) According to the Defendant’s request, the victim involved in Paragraph 1(b) of the decision of the court below, he transferred the name of the lessee under his own name and paid rent free of charge to the lessee.

Most of the lease fees are that the defendant given the victim in cash every month and the victim paid it in his own name. Therefore, the defendant is therefore.