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(영문) 수원지방법원 2018.06.29 2017노9608
사기
Text

The judgment below

The part concerning Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for one year.

Defendant

A.

Reasons

1. Summary of the grounds for appeal 1) The judgment of the court below which found Defendant A guilty of the facts charged for the following reasons, misunderstanding the facts and misapprehending the legal principles, is improper.

① On December 9, 2015, when Defendant A borrows money to the victim with respect to the defraudation of KRW 200 million by fraud, Defendant A gains a monthly profit of KRW 30 million at I Hospital or is in possession of the asset value of KRW 200 billion at I Hospital.

There is no fact that the notice was given.

In addition, the I Hospital did not have the ability to repay because it did not have the obligation to lend the loan that it had borne at that time.

It is also difficult to see it.

② On January 9, 2016, Defendant B did not state the 200 million won fraud but voluntarily borrowed money to the victim, and Defendant A did not know such fact at all.

(2) The sentence of the lower court (one year and six months of imprisonment) which is unfair in sentencing is too unreasonable.

2) Defendant B’s punishment (one year and six months of imprisonment) is too unreasonable.

2. The lower court, on the ground of the same reasoning, acknowledged the fact that the Defendants conspired to obtain money from the victim on two occasions for the following reasons:

The decision was determined.

In light of the following circumstances found by the evidence duly adopted and examined by the court below, the court below was justified in finding the Defendant guilty of this part of the facts charged.

1) On December 9, 2015, by fraud of KRW 200 million, the Defendants would use the borrowed money for the expansion of the hospital construction cost at the time of borrowing money from the victim, and appoint the victim as the hospital head at the time of transferring the victim’s expansion.

In light of the fact that the victim extended a large amount of money without having separately designated the due date, the Defendants are able to obtain sufficient profits while working as the hospital in the future.

(1) the Corporation has given an explanation in respect of such

It is reasonable to regard as a matter of interest.

(2) Defendant A.

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