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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2016.09.07 2016노2128
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the Defendant guilty of the facts charged in this case, although there was no false statement that the victim merely borrowed money from the victim by requesting the victim to keep and manage the money first, and there was no false statement that the victim “it owns a lot of money by means of auction and real estate.” The court below found the Defendant guilty of the facts charged in this case. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. In the following circumstances acknowledged by the evidence duly adopted and examined by the lower court on the ground of erroneous determination of facts: (a) the Defendant filed a complaint with the victim for fraud in relation to the loan of this case on or around September 201; (b) even if the Defendant disposed of real estate without the right to dispose of or with loans due to a large amount of money, the Defendant committed an agreement with the victim, such as hiding the real estate and having no possibility of having to repay the funds to the victim; (c) upon the sale of the said real estate, the Defendant first notified the victim thereof and made a preferential repayment of the proceeds from the sale; and (d) the victim did not comply with the agreement by using the proceeds from the sale in any other place than the end of the outstanding portion of the proceeds, without notifying the victim of the disposal of the real estate; and (e) the victim did not immediately notify the victim of the disposal of the real estate; and (e) the victim did not comply with the agreement on credit even if having borrowed money from the victim’s surplus funds or requested the Defendant to deposit the land as security.

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