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(영문) 의정부지방법원 2021.03.26 2020노2000
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding 1) The fraud portion against D (attached Form 1-3; hereinafter “the fraud”) is between D and D and the Defendant engaged in the supply and maintenance of used cars from January 2016 to January 2018.

The Defendant, with the intention to maintain and supply the vehicle, has actually purchased and maintained the vehicle, and has not transferred the vehicle due to the lack of financing and financing of the parts.

The defendant had the intention to obtain fraud from the beginning;

It is difficult to see it.

2) The part concerning the fraud against I (the number of offenses Nos. 4-8 in the annexed Table 2 in the judgment below; hereinafter “the second fraud”) is between I and I and the Defendant known from around 2012.

The defendant and I will cooperate in the workplace of the defendant, and the defendant will borrow money in the name of the return of lease deposit so that the defendant can expand the workplace and concentrate on the vehicle maintenance business.

I lent money to the Defendant and did not set the due date for payment. In light of a long-standing transaction with the Defendant or personal relationship, it was possible to sufficiently anticipate the risk of credit or impossibility of repayment, and thus, there was an intention to obtain money from the Defendant.

shall not be deemed to exist.

B. The lower court’s sentence (one year and eight months) against an unfair defendant in sentencing is too unreasonable.

2. Determination

A. In full view of the following facts and circumstances acknowledged by the judgment of the court below and the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, the defendant is recognized as having concealed the victim D and I, as stated in the facts constituting the crime in the judgment below, thereby deceiving the victim D and I to acquire the proceeds of the maintenance

1) From October 2016, the Defendant paid the monthly salary of its employees in a way to prevent the so-called return of the monthly salary due to the difficulties in business operations.

The statement was made (Evidence No. 1, 213, 169). The difficulty and difficulty in the maintenance of the vehicle alleged to be an inevitable circumstance is the contents of the vehicle maintenance and supply contract.

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