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(영문) 대구지방법원 2015.05.21 2014노4663
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six years.

For the defendant 40 hours.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (Defendant 1) The part concerning the fraud by defraudation of KRW 75 million against Victim E (Defendant 1) (Defendant 2014Dadan2829 (Defendant 1-A of the original judgment) means that the Defendant entered into a home shopping contract with the victim E, and the Defendant did not have any inner fact and invested the victim himself/herself. (2) The part concerning the fraud by defraudation of KRW 53.8 million against the victim B (Defendant 3-A and B of the original judgment) and KRW 13.8 million (Defendant 2 of the crime No. 2014Dadan2829 of the original judgment) did not belong to the victim B due to Samsung employment, and the Defendant was invested in money from the “K” business that operated the same business as the Defendant was punished for drinking driving on behalf of the victim.

3) Each part of fraud against the victim F) The Defendant had the intent and ability to repay money at the time of borrowing money from the victim F while the Defendant borrowed money from the victim F as stated in 2014Da3235 criminal facts as stated in the lower judgment. However, there was no intention to acquire money because he/she continued to repay the money.

B) There is no deception that the Defendant, as stated in Article 2014Da3235 criminal facts No. 1 of the judgment of the court below, was in need of the agreement on a crime of intimidation to the victim F. Moreover, the said money is not related to the victim’s pro-fabing money borrowed from the victim’s friendship and AW, and there is no crime of fraud since the Defendant paid all of it. 4) The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against the victim F (Article 2014Da3235 criminal facts in the judgment of the court below) (Article 2014Da3235 criminal facts in the judgment of the court below) against the victim F.

5) Each injury to the victim F (the part on the crime No. 3235-A of the first instance judgment) against the victim F is limited to the victim F when the victim F was followed by the victim F, and there was no time to commit the crime as stated in the above crime.

Even if the victim amba, the victim amba.

It is true that knee has come to knee.

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