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(영문) 서울남부지방법원 2019.05.28 2017노2667
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the event of a claim against the victim, the Defendant merely received 9.6 million won from the victim's debt repayment, but did not receive the money from the victim by means of a false statement that he would immediately repay the deposit to the victim if he/she lends the deposit.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. On February 23, 2011, the main point of the charges No. 1 in the judgment of mistake of facts was the victim B, who was living together with the Defendant and around February 23, 201, while living together with the building Yeongdeungpo-gu Seoul Metropolitan Government and the second floor in the same year.

8.10,000 won of the rental deposit received from the owner of the house around 10.00 won.

At around 12:00 on August 10, 201, the Defendant, at the second floor of Yeongdeungpo-gu Seoul Metropolitan Government and the second floor, issued a false statement stating that “The Defendant paid the Defendant KRW 2.6 million in cash and KRW 7,600,000,000,000 in the face of the passbook (the account) in which the Republic of Korea wants to operate the Internet home shopping business in China, with a thickness of KRW 10,000,000,000,000,000,000,000,000,000 won.”

2. The court below consistently stated that the victim paid money to the victim on the ground that the victim received money from the victim, and the defendant paid money to the victim on the ground that the victim did not have any debt to the defendant and the living expenses of the defendant. However, the victim did not have any debt to the defendant, and the defendant did not have any duty to the defendant within the living period.

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