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(영문) 대전지방법원 2015.10.08 2015노1130
사기
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (legal scenarios and mistake of facts) is that F is in the same business relationship with the defendant, so it is improper to dismiss the credibility of F’s statement on the grounds of the difference of credibility, and according to the evidence submitted by the prosecutor, such as the complainant’s statement, etc., the court below acquitted the defendant, even though the defendant received 5.2 million won from the complainant as stated in the facts charged in this case and obtained 5.2 million won by fraud.

Judgment

The lower court determined: (1) on May 26, 201, with respect to whether the Defendant borrowed money to the complainants on or after six months from the date of borrowing money, the complainants filed a complaint with the Defendant on March 12, 2013, and the purport of the complaint is to deceiving the Defendant that he/she had been employed, by deceiving him/her, and by deceiving him/her at his/her own expense, 2.7 million won with expenses for attracting foreign capital related to G development, and 2.5 million won with expenses for attracting foreign capital, and the complainants acquired 2.5 million won with the Defendant’s statement that he/she would not have paid 50 million won at his/her own expense, but with the Defendant’s statement that he/she would not have paid 1.5 months from the date of his/her own statement that he/she would have borrowed 50 million won from the Defendant’s office and 2.5 months from the date of his/her own statement that he/she would not have paid 1.5 months from the date of the complaint.

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