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Reasons
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(영문) 서울북부지방법원 2017.05.18 2017노265
사기
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The judgment of the court below is reversed.

Of the facts constituting the crime of 14. as indicated in the judgment of the court below, the defendant is each of 1 to 4 times the list of crimes.

Reasons

1. Summary of grounds for appeal;

A. (1) In relation to the crime of fraud against the victim AV (the crime No. 14. of the crime of the lower judgment, the Defendant returned all the money received from AV.

(2) In relation to the crime of fraud against the victim AY (the crime No. 14. of crime No. 14. of crime as indicated in the judgment below) there was no monetary relationship between the defendant and the AY. As AY borrowed money to BR and did not receive money from BR as the defendant did not receive money from BR while AY borrowed money from the defendant with a certificate of borrowing from BR.

(3) In relation to each of the above frauds, the court below found the defendant guilty in all of the charges. The court below erred by misunderstanding the facts and adversely affecting the conclusion of the judgment.

B. The sentencing of the lower court’s unfair sentencing (two months of imprisonment and one year and one hundred months of imprisonment) is too unreasonable.

2. Judgment on the grounds for appeal

A. According to the judgment on the assertion of mistake of facts (1) as to the victim AV’s fraud part, each police statement about AV, and each statement about the defendant’s police interrogation protocol (including the AV statement part) on September 18, 2015 against the defendant, the defendant is found to have received a total of KRW 25.6 million from the victim to October 22, 201 of the same year by deceiving the victim as if he did not have any intent or ability to get a bank loan.

However, in the case of fraud with the content of deception, if there is a delivery of property due to deception, it itself constitutes fraud by infringing the victim's property, and even if considerable consideration has been paid or there has been no damage to the whole property of the victim, the establishment of fraud does not affect it.

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