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(영문) 인천지방법원 2017.07.14 2017노621
유가증권위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles (the point of fraud) 1) The Defendant’s birth F with the Defendant’s living together around April 1, 201 that the Defendant had not repaid to D with D around April 1, 201

In the proposal, 50 million won was borrowed, and the above victim actually received a loan of 550 million won from F to provide F with the amount of 210 million won which deducted the defendant's existing obligation, etc.

In addition, F remitted the above amount of KRW 400 million to the above victim during several years from the time of borrowing the above amount.

Therefore, a considerable portion of the defendant's debt against the above victim was paid.

Even so, the defendant deceivings the above victim to obtain pecuniary benefits from which the repayment of the debt is deferred from the above victim.

The judgment of the court below is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2) Each fraud against the victim J and K was committed by the Defendant, from May 201 to March 2013, 201, the Defendant’s East F partially repaid the Defendant’s obligation to repay the Defendant’s loan to the victim J and K. The victim J and K agreed with F on October 19, 2010 to accept the Defendant’s right to operate “M” factories, and the victim J and K agreed to exempt the Defendant from the Defendant’s remainder of the loan, and the Defendant’s obligation to repay the Defendant’s loan by accepting and operating the above factory from around that time.

Therefore, at the time of borrowing money from the above victims, there was no deception by the above victims about the defendant's financial ability or ability to repay money, and the defendant did not temporarily repay the money borrowed from the above victims in a continuous loan relationship with the above victims, and at the time, the defendant had the intent to commit a crime by deceit because he had the ability to repay and intent to repay.

shall not be deemed to exist.

B. The punishment of the lower court (two years and six months of imprisonment) is too unreasonable.

2. Determination

(a) ex officio determination;

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