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(영문) 춘천지방법원 강릉지원 2017.05.18 2017노16
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. The victim misunderstanding the facts will help or raise money to the defendant in purely loving the defendant, as follows.

Therefore, the defendant does not defraud the money from the victim by deceiving the victim.

(1) Money remitted on September 23, 2011 shall not be related to land.

② The remitted money was transferred on March 28, 2012 as the purchase price for a UV vehicle, and there is no relation between the money that the Defendant, who was the victim of the defect, was born at the time of the defective vehicle.

③ On June 28, 2012, the amount remitted on June 28, 2012, the victim of the defect saw the victim to live together with his/her house in the land where the victim was found to have been transferred from his/her wife as a divided property, when the defendant divorceds with his/her wife.

It is the one in which one paid money.

The victim began to request the defendant to return money to the defendant who does not have a divorce with his wife, and filed a complaint with the defendant with false contents in the letter of mind.

B. Cheating of sentencing can be found guilty

Even if the court below's punishment (10 months of imprisonment) is too unreasonable.

2. The defendant alleged that the facts were erroneous in the judgment of the court below. Accordingly, the court below held that the injured person was interested in the defendant as a reason for objection.

Although there are circumstances in which the injured party appears, on the grounds as stated in its reasoning, had a certain degree of studio toward the accused.

Even if there is no reason to decide whether to recognize the criminal defendant's fraud or not;

Based on the judgment of the court, the defendant recognized the crime of fraud.

In full view of the circumstances cited by the lower court and the following circumstances recognized by the evidence duly admitted and examined by the lower court, the Defendant is identical to the facts constituting the crime of the lower court.

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