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(영문) 춘천지방법원 2016.02.03 2015노780 (1)
사기
Text

The judgment below

Part of the compensation order, excluding the application part of the compensation order, shall be reversed.

Defendant

A shall be punished by imprisonment for a period of three years and six months.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) misunderstanding of facts and misunderstanding of legal principles (A) failure of the Defendant to pay the installments to be loaned under the name of the victims is only due to a somewhat unreasonable business expansion, but it does not intend to use the loans for personal purposes by deceiving the victims from the beginning to the point of view. Therefore, the Defendant has no intention to commit fraud.

This can be seen in light of the fact that the defendant paid the installment for several months.

(B) The crime list I, 5, 6, 7, and 8 of the 2014 Highest 663 Highest 563 cases should be excluded from the criminal facts because it overlaps with the victim, (c) 11 victim AU, 48 victim AU, and 48 victim CA in the 2015 Highest 50 Highest 2015 Highest 2015 Highest 50 cases.

(D) The victims of Chuncheon District Court 2015 J. 2015 J. 2015 J. 205 J. 15 are GR rather than BL. The victims of 16 a year are GTS rather than BL. The victims of 63 a year are not FD but GT. The victims of No. 64 a year are not BM, but EV, and the victims of No. 66 a year are not BJ, and the victims of No. 68 a year are not BJ but GV. Thus, the victims of the crime are not BO.

(2) The sentence of the lower court’s unfair sentencing (4 years of imprisonment) is too unreasonable.

B. Defendant B (1) misunderstanding of the facts and misapprehension of the legal principles (A) , Defendant B (1) 1 was the representative in the name of the middle loan company in the instant case, and Defendant A was the Defendant and the loans were used by the lower court.

The defendant was not recruited with A, and was deceiving A only.

The defendant shall be obtained through deception.

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