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(영문) 광주지방법원 2019.01.09 2018노2942
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. With regard to the criminal facts of the judgment of the court below in misunderstanding of facts, the defendant merely borrowed money from the victim for the purpose of sharing the expenses related to the office lease contract, and in relation to the criminal facts of the judgment of the court below, the defendant's mother discusses complaints about the defendant's burden of expenses concerning the vehicle in the name of the victim and made the victim deposit money into the defendant's mother-friendly account, and with regard to the criminal facts of the judgment of the court below, since the defendant only made a false statement with the victim to hedge with the victim, the court below found the defendant guilty of each of the criminal facts of this case even though the defendant did not have the intention of deception or deception. The court below

B. The lower court’s sentencing is too unreasonable.

2. Determination

A. The court below stated that, in relation to the criminal facts of the court below as stated in the judgment of the court below, the victim consistently lent KRW 2 million to the defendant by June 20, 2017 under the name of the head of the D team and the office lease deposit for the business in the name of the head of the D team and the head of the D team around June 16, 2017. According to the account transaction details, the defendant paid the full amount of the above 2 million won to E who was a victim after receiving the above 2 million won from the victim from the victim. ② In relation to the criminal facts of the court below as stated in the judgment of the court below, the victim will be exempted from paying additional KRW 2 million under the name of the defendant's mother's business fund in the investigative agency and the court of the court of the court below, and the defendant transferred the above 2 million won to the account in the name of the above 2 million won on the day of the deposit account.

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