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(영문) 서울중앙지방법원 2016.10.20 2016노2544
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) In regard to misunderstanding of facts, it was impossible for the Defendant to pay the amount of the advance due to the fact that the Defendant, in collaboration with G, signed a project for the opening and repair of the Congo H, a representative director of which he/she is the Fund, and planned to receive the advance payment, and thus, he/she could not pay the said advance payment to the said victim, although he/she believed that the advance payment would not be paid at the time, and there was no mistake by the Defendant.

(2) As to the defraudation of funds from the victim P, the Defendant only explained the contents of the project related to the renovation and repair of the said transformation station at the request of Q, and since the person who borrowed money is not the Defendant but Q, there is no fact that the said Defendant deceivings the said victim to take over the borrowed money.

(3) As to the acquisition of L-related investment money or borrowed money by victims, Q only deceiving victims for the purpose of his own use, there is no fact that the defendant deceivings victims to acquire money, and even if the defendant acquired money, the defendant has endeavored to carry out L-related export projects, and therefore, it is not possible to recognize the criminal intent of defraudation by the defendant.

B. The sentence of unfair sentencing (one year and six months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the court below based on the evidence duly adopted and examined by the court below as to the defraudation of the funds related to H’s H’s loan construction work against the victim J, it is recognized that the defendant did not have the intent or ability to repay the above funds at the time of repayment at the time of borrowing the funds of a considerable amount of KRW 200 million from the above victim in short term, which is only two weeks, and according to this, the defendant deceivings the above victim as shown in the facts charged.

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