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(영문) 대전지방법원 2017.12.07 2017노1814

사기

Text

The defendant's appeal is dismissed.

Reasons

In each defense counsel’s written opinion submitted to the trial court on August 31, 2017 and November 22, 2017, the defendant’s defense counsel at the time of appeal alleged that the defendant did not receive KRW 93,310,00 from the victim A, KRW 10,710,000 from the victim A, KRW 14,00,00 from the victim Q, KRW 14,000 from the victim P, and KRW 6,10,000 from the victim P, and the defendant did not have any criminal intent to commit fraud at the time of the instant case. However, even if the defendant did not have any criminal intent to commit fraud at the time of the instant appeal, this is not specified in the grounds for appeal submitted within the deadline for submitting the grounds for appeal. Accordingly, the defendant alleged the above assertion

Nor can it be viewed (see Supreme Court Decision 98Do1234 delivered on September 22, 1998). Even if the defendant appealed for the foregoing reason, the defendant appealed.

In light of the evidence duly adopted and examined by the court below and the court below, the defendant was found to have received 23,760,000 won including 6,10,000 won from the victim P, and 5,860,000 won including 9,310,000 won from the victim A, 10,000 won from the victim A, and 14,000,000 won from the victim Q, as shown in the separate list of crimes Nos. 1 of the judgment below Nos. 9,46,49,69, and 69 of the crime committed by the victim. Thus, the court below erred in the misapprehension of the facts of the judgment below.

shall not be deemed to exist.

Of the facts charged in this case, with respect to the part of the case No. 2550 [20,000] of the judgment below, the defendant is the defendant's title, 19,300,000 won to the victim AK on July 29, 2011, 92,00,000 won to the victim AF during the period from November 2, 201 to March 19, 2013, 200, 200,000 won to the victim from November 5, 2012 to November 6, 2012, 200, 200,000 won to the victim AE during the period from June 21, 2010 to November 27, 2012; 32,300,000,000 won to the victim from November 27, 2010 to November 31, 2013;