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(영문) 서울중앙지방법원 2014.09.19 2014노1815
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of the grounds for appeal by the defendant: mistake of facts and misapprehension of legal principles (each fraud against the victim F and I), and unreasonable sentencing; and

2. Determination on the grounds for appeal

A. (1) According to the facts of mistake of facts and misapprehension of legal principles, the court below and the evidence duly admitted and examined by the court below, even if the defendant borrowed money from the victim F, it is recognized that the defendant did not notify the victim F of such circumstances or received the money without being able to repay the money, and that he did not actually repay or contact the money. Thus, the defendant was aware of the fact that he was unable to repay the money at the time of receiving the money from the victim.

Therefore, there is no obstacle to the establishment of fraud.

(B) The Defendant paid a total of KRW 900,000 won per month as a prior interest or interest from June 2010 to August 2010. However, in light of the fact that the Defendant did not properly contact and pay interest after September 2010 and did not properly contact, it is difficult to deny the Defendant’s defraudation solely based on the foregoing circumstances.

Furthermore, there is no evidence to support the defendant's false confession in the court of original instance.

(C) We do not accept the Defendant’s allegation of mistake and misapprehension of legal principles.

(2) According to the evidence duly admitted and examined by the court below and the court below, the defendant's fraud against the victim I included some of the documents related to the loan that the defendant provided to the victim as collateral at the time when the victim I borrowed money from the victim I, including the lender who had already completed the repayment and had not been able to perform the loan. ② The defendant was not able to repay the principal amount at the due date agreed upon on June 2008,

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