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(영문) 서울중앙지방법원 2018.12.14 2018노1930
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. The Defendant did not deceiving the victims of the fact.

In order for the injured to participate in the business of the Defendant’s welfare foundation, the Defendant permitted the free use of the instant office’s office (related to fraud of rent), provided meals to each of the subparagraphs (related to food). ③ Lending money, rather than lending money (related to borrowed money). (B) The sentence that the lower court sentenced to unfair sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, the lower court can sufficiently recognize that the Defendant, as if he would resolve the victim B’s debt, had the victim B and his wife acquired the rent, etc. from the victim H, so the Defendant’s assertion of mistake of facts is without merit.

1) The victim B needs to take the cost of recovering the former president’s vision, which is managed by the Defendant in a foreign country or military unit, such as Japan, the Philippines, etc. around 2010, such as underground funds and gold ingots, etc.

C. The building D units of the building were used as the office, and if the expenses were leased along with the provision of meals, the above overseas funds were recovered to resolve the debt and the container rent, etc. were paid at one time. The victim who was liable for bank loan obligations exceeding five billion won at the time was bound to believe the above words of the defendant, and thus, the defendant provided the office and meals to the defendant and lent money.

“To make a statement that corresponds to the facts charged in the instant case.”

2) At the victim Hdo investigative agency, “the Defendant would allow the existing lessee to use the J house.” After the examination that the Defendant borrowed KRW 10 million for the cancellation fee to be given by the existing lessee.

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