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(영문) 수원지방법원 2017.04.21 2016노8538
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds of appeal 1) Defendant (1) merely borrowed money from the victim to pay interest on the bonds, and as stated in the facts constituting a crime in the judgment below, the victim is the president of the F.S. university in Korea.

At the request of the Chocar test, it is necessary to pay money as business activity expenses in order to follow the right to clean up the F University because it is possible to grant a station for cleaning.

There is no stipulation “..........”

(2) The sentence of the lower court (eight months of imprisonment) is too unreasonable.

2) The Prosecutor’s sentence is too unhued and unreasonable.

2. 1) In full view of the following circumstances acknowledged by the lower court based on the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion that the Defendant was guilty of the president of the F University, and the Defendant would have the right to care for cleaning the F University by requesting the F University to pay money out of operating expenses.

such facts may be sufficiently recognized.

(1) The aggrieved person consistently shows the data pertaining to the F University cleaning services from an investigative agency to the lower court’s court to the victim, and is the president of F University in the Republic of Korea.

At the request of the Scar test, it is necessary to pay money as business activity expenses because it is possible to exercise a station right for cleaning the Fnam University.

“The Defendant provided a total of KRW 65 million to the Defendant.”

The statements were made (Evidence No. 32, 173~175, and page No. 33 of the trial records). The above statements made by the injured party cannot find any motive or reason to mislead the accused by reporting specific and false facts. Thus, credibility can be acknowledged.

② On November 5, 2012, the Defendant: (a) on November 5, 2012, stating that “it is difficult to carry out business because he/she is considered to have an integrity of the people working for an educational institution and now has a complete wall with the outside.” (b) the Defendant sent to the victim.

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