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(영문) 대전지방법원 2013.08.14 2013노1041
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months of imprisonment) is too unreasonable.

2. The crime of this case is determined by the following facts: (a) the defendant made a false statement to the victim C that "if he/she lends KRW 20 million to the victim's opening business with an adult loan, he/she can work as an employee at the city of KRW 50 million; (b) he/she made his/her own loan and sold his/her vehicle; and (c) caused the victim to obtain a school loan of KRW 20,98,000 from the Trative Savings Bank, etc.; (d) the defendant received it from the victim; and (e) the defendant committed the crime of this case by taking advantage of his/her friendship with the victim and the university student where the victim can receive the school loan; and (e) there is no good evidence that the crime of this case was committed by the victim; and (e) the defendant did not make efforts to repay money to the victim until now, thereby causing considerable pain to the victim; and (e) the defendant's motive to contact the victim after receiving the money from the victim; and (e) the defendant did not have made adequate efforts to recover the defendant's life and circumstances after the crime of this case.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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