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(영문) 서울중앙지방법원 2020.01.10 2019노1705
사기
Text

The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and unreasonable sentencing)

A. Prosecutor 1) As to the part of the judgment of misunderstanding of facts in the judgment of the court below (each fraud listed in Nos. 2, 3, 4, 6, and 7 of the annexed Table of Crimes), since the Defendant had no ability to pay at the time of the above loan, the above part of the facts charged also constitutes a crime of fraud. 2) The sentence of the judgment of the court below on unreasonable sentencing (a fine of three million won) is too uneasible

B. Defendant 1) As to the guilty portion of the judgment of the court below on erroneous determination of facts (the frauds listed in [Attachment Table 1 and 5], the Defendant paid most of the borrowed principal to the victim as interest source, and it is difficult to deem that the Defendant had the intent to acquire it by fraud. 2) The sentence sentenced by the court below on unreasonable sentencing is too unreasonable and unfair.

2. Judgment on the prosecutor's assertion of mistake of facts

A. The gist of this part of the facts charged is as follows: (a) the Defendant obtained a total of KRW 8.7 million from C as indicated in [Attachment] Nos. 2, 3, 4, 6, and 7 of the List of Offenses.

B. The lower court and the lower court found the Defendant not guilty on the ground that it is difficult to have proven that there was no reasonable doubt as to the Defendant’s deception or deception of the intent or ability to repay the borrowed money to the victim, as stated in the facts charged by the prosecutor, on the grounds that the judgment of the lower court and the lower court stated in detail the judgment on the facts charged

Examining the evidence of this case in light of the record, it is just for the court below to determine innocence based on the evidence judgment as stated in its holding, and there is no illegality affecting the judgment by misunderstanding the facts to the court below.

The prosecutor's assertion of mistake is without merit.

3. Judgment on the defendant's assertion of mistake of facts

A. The summary of the charge No. 1 in the separate sheet No. 1 is as follows: (a) the Defendant entered the summary of the charge No. 1 in the separate sheet No. 3 from C. 1.

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