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(영문) 의정부지방법원 2019.06.28 2018노2204

사기등

Text

All appeals by the Defendants and by the Prosecutor against Defendant A are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants’ sentence (Defendant A: 10 months of imprisonment, 2 years of probation, 120 hours of community service, 15 million won of collection, Defendant B’s imprisonment, 6 months of probation, 2 years of probation, and 10 million won of collection) is too unreasonable.

B. The lower court, on November 15, 2014, acquitted Defendant A on the ground that it cannot be readily concluded that Defendant A received five million won from the victim without intent or ability to repay money even if Defendant A borrowed money from the victim, and obtained such money from the victim at the time, and that there was the scope of fraud at that time. However, the loan certificate prepared between Defendant A and the victim only includes the content of borrowing five million won from the victim, and the fact that Defendant A did not entirely state the purport of paying five million won from the victim’s benefits to be received from the victim. According to Defendant A and the victim’s investigative agency’s statement, the lower court’s determination that Defendant A used the money to pay the money to Defendant A while working for the company operated by the victim should be deemed unreasonable on the ground that Defendant A did not have any influence on the credibility of the credit rating of Defendant A’s 1,500,000 won from the victim’s debt amount exceeding KRW 1,500,000,000 from May 16, 2014.

2. Judgment on the prosecutor's assertion of mistake of facts.