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(영문) 대전지방법원 2014.09.17 2014노1875
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (the factual error and inappropriate sentencing)

A. Fact-finding 1) Of the facts charged in the original judgment, the Defendant paid KRW 10 million as down payment by the victim I to purchase JN bus tourist buses from the victim I and paid down payment. However, there is no fact that the Defendant acquired the outstanding balance from the victim by means of obtaining a loan as security of the real estate owned by the Defendant or the aforementioned bus as stated in the facts charged. 2) In the original judgment, the Defendant borrowed money from the QW operator AWW Co., Ltd with each of the instant land as security of each of the instant land, but the Defendant was not able to pay the intermediate payment to the victims because the Defendant did not perform the promise, and there was no fact that the Defendant acquired property profits by deceiving the victims. The fact that the fraudulent entry in the original notarial deed was not a notarial deed but a notarial deed, and thus, the Defendant did not know that the Defendant and the Defendant did not have been held liable by AW.

3) On July 23, 2008, when the original adjudication was conducted, the Defendant was trying to take over the Kudong Tourism Co., Ltd. in fact and operate five buses. However, on September 2008, the Defendant was bound by the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and failed to repay the borrowed money, and there was no fact of deceiving the victim and deceiving the money.

B) On September 1, 2008, the content related to the sale of the cutting off season of fraud was conducted between the Defendant B, C, and the victim under the lower judgment, and the Defendant was unaware of the content, and thus, cannot be held liable to the Defendant. B. The lower court’s sentence (the first crime of the lower judgment: imprisonment with prison labor for three years and the second crime: imprisonment with prison labor for six months is too unreasonable.

2...

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