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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2018.07.19 2018노1354
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not mention to the effect that, at the time of borrowing money from the victimized party, the Defendant had no intent and ability to fully repay money in light of the Defendant’s real estate holding status and import status at the time.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (one year and three months of imprisonment) is too unreasonable.

2. Determination

A. First of all, as to the assertion of mistake of facts, the following circumstances can be revealed in accordance with the evidence duly examined and adopted by the health team, the court below and the court below as to whether the defendant made a statement as stated in the facts charged, i.e., the victim, consistent with the investigative agency and the court of the court below, stated in the following circumstances: (a) the victim had several apartments; (b) the tenant want to look at the apartment at the monthly rent; and (c) the tenant would be able to pay a high interest at the monthly rent if he borrowed money.

was stated to the effect that “the Defendant and the victim were stated,” and ② the Defendant and the victim were introduced.

C In the court of the first instance, the defendant did not talk only about the deposit, but operated at the time.

The PC was intended to dispose of the PC room, and the PC was stated to the effect that it is difficult to carry out circumstances, such as the card price and the interest on debts, etc., were the most important part of the fact that the money is needed to convert the previous rent into monthly income.

When a victim talks with the victim, the defendant made a statement to the effect that the defendant will pay interest on how he/she will repay the money later, and that he/she will redeem the apartment with money if he/she can sell and purchase the money later. It does not seem to be inconsistent with the victim's statement, and ③ the defendant will pay money from the victim.

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