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(영문) 수원지방법원 2014.02.20 2013노4488
사기등
Text

The judgment below

The guilty part shall be reversed.

Defendant shall be punished by imprisonment with prison labor for the crime of "201 Highest 1572" in the judgment of the court below.

Reasons

1. Summary of grounds for appeal;

A. (1) misunderstanding of facts as to part of the guilty part

A. As to the money to be paid by a criminal defendant as stated in this part of the fraud part concerning the victim C, it is not true that the criminal defendant acquired it by fraud, since it was normally paid, or the criminal defendant completed the settlement by offsetting the money paid by the criminal defendant as a member of the fraternity operated by the victim C, or by exempting the return of the money paid by the criminal defendant as a set-off or the criminal defendant from one-time payment, etc. of the number limit in which

B. Of the facts charged in this part of the fraud part concerning the victim D, with respect to each amount of money deposited in the separate sheet No. 25,26 No. 25, and 26, the Defendant paid each amount of money according to the above, so there was no fact that the Defendant acquired it by fraud.

C. Although the Defendant, at the limit to which the victim A was a member of the Committee, paid the guidance money to him, the victim A did not pay the remainder of the guidance money after receiving the guidance money. Since the Defendant appropriated the money listed in the attached Table 2 No. 30 to 35, a year of crime list 2 to 35, the victim A did not pay the money, the Defendant obtained it by fraud.

The part of the fraud about the victim K was borrowed from the victim K as shown in the attached Table 2 No. 1 to 12, as shown in the annexed Table 2-1 to 12, not only for the purpose of financing the funds to the members of the fraternity operated by the defendant, but also for the above members of the fraternity financed by the defendant and the funds have been repaid to the victim K after the borrowing of the money. Therefore, the defendant is not recognized to have the criminal intent of defraudation.

(2) The lower court’s sentence on the assertion of unfair sentencing (6 months of imprisonment and 3 years of imprisonment for the remaining crimes in its holding) is too unreasonable.

B. (1) The prosecutor’s (1) makes a statement in the lower court’s judgment of mistake of facts as to the acquittal portion.

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