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(영문) 창원지방법원 2013.11.28 2013노186
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal was that the defendant received five million won from the victim E, but it was merely that the defendant received a repayment of the amount that he borrowed from the victim, and the defendant did not borrow eight million won from the victim.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, and the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. The following circumstances acknowledged by the court below based on the evidence duly adopted and examined. ① The victim consistently heard the police from the police to the court of the court below that he would pay 8 million won with the proceeds of disposing of studio, and ② the victim et al. made a statement in the case where the victim et al. detained the defendant and inflicted bodily injury, etc. (Seoul District Court Jinwon Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Court Decision 8 million won with the victim borrowed 8 million won from the victim on November 1, 2008, and the victim provided 1 million won with the loan borrowed 3 million won with the same loan borrowed 3 million won from the victim on the same date.

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