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(영문) 대구지방법원 2016.12.22 2016노2979
사기
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (two years of imprisonment) is too unreasonable.

B. The lower court acquitted the Defendant on the charge of fraud against D among the facts charged in the instant case, but it fully recognizes the fact that the Defendant obtained from D a KRW 30 million on July 28, 2009, and acquired by deception. Therefore, there is an error of mistake of facts in the lower judgment’s judgment’s judgment on the above part. 2) The lower court’s sentence on the charge of unfair sentencing is too uneasible and unreasonable.

2. Determination

A. On December 208, the gist of this part of the facts charged is as follows: (a) the Defendant made a false statement of the prosecutor’s assertion of mistake of facts: (b) around December 2008, at F in Seoul E-building, that “I will help the victim D live human life if I know Ma Ma Ma . b. b. Na; (b) there are shares in N, and (c) if I borrowed the 2 billion won loan, I will not list N shares; (d) there is still there is a passbook seized 2 billion won, and there is a need to establish N branch in Singapore and to have the cost to list shares. If I want to return shares.” However, the Defendant was not M director, and there was no shares in N, and there was no other credit or bad credit, and the Defendant did not have any intent or ability to receive money from the victim from the court below to the extent that the Defendant did not obtain money from the victim from the victim and the Defendant did not have any capacity to obtain money from the victim.

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