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(영문) 제주지방법원 2018.10.25 2018노104
사기
Text

The defendant's appeal is dismissed.

Reasons

The gist of the defendant's appeal is that the defendant did not receive money by deceiving C at the time of the instant case, but the court below erred by finding the facts erroneous and thereby affecting the conclusion of the judgment.

However, according to the evidence cited by the lower court, such as the consistent and consistent statement of C as to the circumstance in which the Defendant paid money to the Defendant at the time of the instant case, and the statement of a real estate lease agreement made between the Defendant and C in support thereof, etc., the Defendant, as stated in the facts constituting the crime of the lower judgment at the time of the instant case, could be recognized that the Defendant, by deceiving C as stated in the facts constituting the instant case, was paid KRW 14 million in total under the pretext of the lease deposit and rent as to the instant house from C, and the said assertion is without merit (see, e.g., Supreme Court Decision 201Da364, Jun. 24, 2016 to July 1, 2016). Accordingly, the Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act.

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