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(영문) 서울중앙지방법원 2016.04.01 2016노67
사기
Text

The defendant's appeal is dismissed.

Reasons

Summary of Reasons for appeal

A. There was no misunderstanding of facts or misunderstanding of legal principles, nor intentional fraud.

B. The punishment of the lower court is too heavy.

2. Determination

A. Examining the following circumstances based on the evidence revealed by the lower court’s judgment as to the assertion of mistake of facts and misapprehension of the legal doctrine, the Defendant mentioned the business without any intent or ability to repay, and borrowed KRW 600,000 from the injured party to borrow KRW 600,00,000 from the injured party to commit deception, and the intention of deception was

Recognized.

(1) The defendant was not involved in the sale of a lot for a pair of motor vehicle on August 2008.

2. At the time of borrowing by the investigative agency, the Defendant did not have the ability to repay the fact.

"," or "doese loan deposits have not been repaid because they have been used."

“.....”

③ On March 15, 2013, the aggrieved party: “When the Defendant has purchased and sold a lot for a pair of motor vehicle on May 25, 2008, he/she shall return 10,000 won to 10,000 won since he/she has borrowed the lot for a pair of motor vehicle on May 25, 2008, 3 million won in the same place;

7. Around 30.30, 1700,000 won was provided and 4.7 million won was acquired by fraud.

“The Defendant filed a complaint.”

On September 23, 2013, the Defendant agreed to prepare and provide a loan certificate of KRW 40,000 after the full payment of KRW 100,000,000 to resolve the above accusation case.

B. In light of all the conditions of sentencing indicated in the record, such as the Defendant’s criminal history, sexual conduct, environment, circumstances, and details of the crime, the sentencing is not deemed unfair.

3. The defendant's appeal is dismissed.

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