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(영문) 서울남부지방법원 2013.11.08 2013노1322
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The fact-finding that the Defendant was unable to repay the amount borrowed from the Victim G Co., Ltd. is due to the fact that the I who concluded the commercial soil supply contract with the Defendant was unable to sell the commercial soil produced by the Defendant at all due to the breach of the contract. It is not the defrauded by deceiving the victim from the beginning, and there was no intention to defraud the bill.

B. The sentence imposed by the lower court (ten months of imprisonment, two years of suspended execution, two years of community service, 120 hours of imprisonment) is too unreasonable.

2. Determination

A. (1) The court below consistently stated that the following circumstances acknowledged by evidence duly adopted and investigated by the court below, namely, ① if the defendant lends a fake bill from the police investigation to the court below's decision, "if the defendant is expected to sell and purchase his/her pharmacy building (North Korea) on January 15, 2012, he/she would immediately pay the price for the bill, so he/she would have lent the bill to the defendant, and ② the defendant argued that he/she would have promised to pay the bill on May 15, 2012, since the maturity of the bill was on May 15, 2012, and there is no reason to believe that he/she would have agreed to pay the bill on January 15, 2012, but the victim requested the defendant to pay the bill several times prior to the maturity of the bill, and the defendant appears not to have claimed the benefit of the bill, ③ he/she appears to have sold or sold his/her real property, and if the defendant did not immediately own it, he/she could not know that he/she actually own the above building 201.

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