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(영문) 수원지방법원 2019.07.19 2019노2452
사기
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

Summary of Grounds for Appeal

Defendant

When the defendant asks the victim for joint and several sureties around November 23, 2015, or borrowed money from the victim around October 6, 2016, the defendant did not deceiving the victim.

The sentence of unfair sentencing (six months of imprisonment, two years of suspended execution) of the lower court is too unreasonable.

The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

The summary of the facts charged concerning the defendant's assertion of mistake is the company members.

On February 6, 2015, the Defendant received a decision of individual rehabilitation from the Suwon District Court, but on April 11, 2014, the amount of debt as of April 21, 2014 was KRW 213,344,979 in the list of individual rehabilitation creditors reported by the Defendant to the court.

As such, while the Defendant was liable for approximately KRW 200 million, the Defendant did not have any intent or ability to repay the debt even if he borrowed money from the victim B due to the absence of any special property.

On November 23, 2015, the Defendant: (a) committed the crime of November 23, 2015, 2015, the Defendant set up and established a vehicle on the YY-TY-TY-ASY-BY-BY-BY-BY-BY-BY-BY-BY-BY-BY-BY-BY-BY-BY-BY-BY-BE despite the existence of personal rehabilitation as above, the Defendant stated that “ASY-AE is required to lend money promptly from the lending company; (b) B-BK-BS-BS-BS-BS-BS-BS-BS-BSY-BSY-BSY-BSY-BSY-BE-BSY-BSY-BY-BY-SY-BE-SY-BE-BY-SY-BE-BSY-BE-BSY-BE-SYYYYY-SYY-SYYYYYYE-B-SYYYYYYYYYYYYE-B-B-B-B-SYYYYYYYYYYY.

In this respect, the Defendant is as above.

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