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(영문) 춘천지방법원 2020.12.16 2020노694
사기
Text

The judgment below

The guilty part (including the part not guilty) shall be reversed.

A defendant shall be punished by imprisonment for one year.

. Prosecutors;

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In relation to the instant case, Defendant 1’s failure to pay the guidance money to some members due to the failure in the operation of the system, and there was intent and ability to pay the guidance money (fact-finding or misunderstanding of legal principles) 2019Kadan509, the lower court, in some cases, accurately distributes the interest on the successful bid amount deducted from the deposit amount to the successful bid amount to the members of the fraternity who receive the guidance money from the successful bid amount to the successful bid amount, or the interest on the successful bid amount for convenience, is equal to the interest on the successful bid amount paid by the members of the fraternity who receive the guidance from the successful bid amount to the members of the fraternity.

There is an error in calculating the amount of fraud by calculating the interest that has not been excluded or has been deducted from the bid price.

(3) In relation to the case of the Defendant’s imprisonment with labor (one year of imprisonment) which is too unreasonable, even if the victims did not actually pay the Defendant the payment amount corresponding to the interest on the successful bid amount extinguished by mutual aid (deduction) in relation to the case of the Defendant’s imprisonment with labor (one year of imprisonment with labor), even though the victims did not pay the Defendant the payment amount corresponding to the interest on the successful bid amount extinguished by mutual aid (deduction). However, due to such mutual aid, the Defendant was deemed to have acquired the Defendant’s pecuniary advantage because the Defendant’s obligation as the interest on the successful bid amount for the victims was finally extinguished, and thus, the Defendant is liable for the crime of fraud.

(2) As to the fraud of the borrowed money in the case No. 2020Kadan84, the victim borrowed money from the victim without the victim's ability or intent even though he/she was an important factor in the defendant's ability to repay the money by lending the money to the defendant, and thus the defendant is guilty of the crime of fraud (the factual error) and the defendant is liable for the crime of fraud (the defendant is liable for the crime of fraud).

(F) Determination; 2. Determination

(a) mistake of facts by the defendant;

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