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(영문) 서울중앙지방법원 2016.04.01 2015노4513
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to each fraud against the victim D and I, the Defendant did not deceiving the victims, and there was no intent to repay and ability to pay money when it borrowed money or received pecuniary benefits from the victims.

D. In relation to the part that the victim I had the victim I work as the driver of the vehicle and acquired the equivalent pecuniary benefits, the wage is not paid because I expressed his intention not to receive wages for 18 days and would not receive wages from the provision of labor during the period, and the defendant did not acquire the pecuniary benefits by deceiving the victim I.

B. The sentence of the lower court’s improper sentencing (two years of imprisonment) is too unreasonable.

2. Judgment on the grounds for appeal

A. In full view of the objective circumstances such as the relationship between the Defendant and the victims, the Defendant’s speech and behavior at the time of receiving each of the instant money or acquiring property benefits, the situation before and after it, and the Defendant’s income or property status, in light of the evidence duly adopted and examined by the first instance court, the Defendant’s deception of each of the victims D and I as stated in the judgment of the lower court, and the fact that each of the victims acquired money or acquired property benefits can be sufficiently recognized.

Therefore, the defendant's assertion that this part of facts is erroneous is without merit.

B. In addition, according to the evidence duly adopted and examined by the court below, the victim I would not receive the salary because the victim I retired from office on August 28, 2014 and only 18 days.

It is deemed that the Defendant, even though he was aware of the fact to the effect that the name of the vehicle for the purpose of K9 would be “to move properly,” has the victim I work as a driver of the vehicle from August 7, 2014 to August 28, 201.

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