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(영문) 서울서부지방법원 2019.08.12 2019노309
사기
Text

All appeals by the Defendants are dismissed.

The application for compensation filed by K is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In full view of the circumstances described in the summary of Defendant E’s assertion, the judgment of the court below convicting the Defendant, despite the absence of recognition of each of the facts charged, is erroneous in matters of law that affected the conclusion of the judgment by misunderstanding the facts. ① With respect to the fraud of February 23, 2017, the Defendant cannot be deemed to have had false awareness of the victim G as the “specified goods” such as currency and gold ingoting was believed to actually exist, and thus, it cannot be deemed that there was an intentional deception of the Defendant. The Defendant did not know or could not have known that F was 30 billion won. In light of the above, there was no circumstance to deem that the Defendant knew or could not have known that the Defendant had known that the Defendant had obtained money from the victim, or that F did not have acquired money from the victim in collusion to the victim. ② With regard to the fraud of X, the Defendant had no intent or ability to perform the specific goods to believe that the Defendant had been unaware of the victim’s money from the victim, and thus, did not have been aware of the victim’s intent to deliver money to the victim.

Nevertheless, the judgment of the court below convicting the facts charged of this case is erroneous.

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