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(영문) 서울중앙지방법원 2017.08.17 2017노1545
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

(a) Fact-misunderstanding 1) The part of fraud in the name of the down payment for land sale to the victim M (2015 high group 7629

1. A) Since the purchase of the land in the strike with the above victim to obtain a loan and the purchase of the land was no longer made and the full amount of the above money was returned to the victim, the above money is not by deceiving the victim and by deceiving the victim.

2) The part of the nominal fraud of the loan for full-time loan to the victim M (2015 high group 7629

2. B) Defendant 1 received KRW 12 million from the above injured party from the above injured party, and remitted the money to G in order to pay the loan bromos. G paid KRW 3 million to BP with loan bromos. The Defendant explained these circumstances to the above injured party and obtained the consent, thereby the Defendant acquired the above money.

subsection (b) of this section.

3) The embezzlement part of the Embezzlement vehicle (2016 highestest 6855) Defendant offered the above vehicle as security to creditors AO and N, but this was forced by the above AO andN, and thus the Defendant embezzled the above vehicle.

subsection (b) of this section.

B. The sentence of the lower court’s improper sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, in full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court on the part of the land sale contract deposit against the victim M, this part of the Defendant’s assertion is without merit.

The injured party may receive a loan to the extent of KRW 675 million from the Defendant’s “a loan to the owner of the land which is good for the owner of the land, and if the down payment of KRW 30,000,000,000,000,000,000 won, the owner of the land may offer a security, and may also receive a transfer of

section 3.

Among them, the land owners may use the remaining loans on the face of KRW 150 million.

The remainder if the money is transferred first to 15 million won as down payment.

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