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(영문) 서울중앙지방법원 2015.02.06 2014노3601
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) The defendant committed fraud of KRW 240 million under the pretext of bill discount 200 million, which is the bill discount 1). The defendant borrowed 200 million won from the victim C by borrowing the necessary funds from the victim by means of bill discount , and at the time the defendant was the defendant at the time, he was capable of paying the above borrowed funds by the payment due to the payment due to the cost of the above model voucher construction project. Therefore, the defendant did not deceiving the victim with the intention of deception 2) from June 19, 2009 to November 4, 2009. The defendant did not receive the above funds from the victim's office discount 83 million in total from June 19, 2009 to June 5, 2009 and from June 19, 2009 to June 200, 2000 won from the victim's office discount 300 million from the above household check at the time of borrowing or deceiving the above funds from the victim's office.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too heavy.

2. Judgment on misconception of facts and misapprehension of legal principles

A. Fraud as a requirement for fraud means any affirmative or passive act that has to be complied with each other in widely property transaction, and it does not necessarily require that it is a major part of a juristic act, and it is sufficient to establish the basis of judgment for an actor to make a disposition of property desired by mistake of the other party so that the actor may perform a disposition of property which he/she wishes, and any act is different.

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