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(영문) 서울중앙지방법원 2013.10.01 2013노2194
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that, for a period of one year and six months from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that recognized that the defendant did not deceiving the victim because the defendant had sufficient means to repay the victim at the time of borrowing the loan of this case and had an intention to repay the victim, is erroneous in the misunderstanding of facts or in the misunderstanding of legal principles, which affected the conclusion of the judgment.

B. Even if an unreasonable sentencing is acknowledged, the sentence against the Defendant (ten months of imprisonment, two years of suspended sentence, two years of social service, etc.) by the lower court is too unreasonable in light of the background and present situation of the Defendant’s committing the instant crime.

2. Determination:

A. On July 13, 2011, each fraud about KRW 28.5 million and KRW 11.6 million on July 20, 2011 (the frauds listed in the attached Table Nos. 1 and 2) is alleged. The summary of this part of the facts charged and the summary of this part of the facts charged by the lower court are as follows: (a) even though the Defendant is anticipated to have a problem if he disposes of an apartment with gambling power, and there is no intent or ability to pay money to E by disposing of it within one week; (b) around July 13, 2011, the Defendant lost money by telephone to E; (c) he borrowed money from the Defendant’s office with KRW 10,000,000,000; and (d) he borrowed money to E; and (d) he borrowed money from the Defendant’s office with KRW 28,000,000; and (e) he borrowed money from Seoul by means of money transfer; and (e) he borrowed money to E.

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