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(영문) 광주지방법원 2013.12.27 2013노2131
사기
Text

The judgment of the court below is reversed.

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

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) Although there was a fact that a sum of KRW 25.6 million has been borrowed from the defrauded with the victim with the victim C, there was no intention to obtain the defrauded. 2) There was no fact that the victim E received the money from Nos. 2 1 through 8, 13, etc. in the list of crimes in the original judgment against the victim E.

Although there was a fact that he received the money Nos. 9 through 12, he did not have the intention of fraud.

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

2. Determination

A. 1) Judgment on the assertion of mistake of facts as to the victim C is consistent with the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., ① the victim knew of the defendant at that time from the investigative agency to the court of the court of the court below. The victim first sold the land and pented it at that time, and the husband of the defendant was the husband of the construction site supervision at the construction site supervision, and the defendant's husband was paid a monthly salary of KRW 500 to 6 million, and the victim was lent KRW 25.6 million in total six times from July 3, 2010 to September 20, 201. However, considering the following circumstances, the victim's statement and the evidence duly admitted from the investigative agency to the court of the court below is sufficient to find the defendant guilty as to the facts charged:

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