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(영문) 대전지방법원 2016.12.15 2016노1177
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Regarding the fraud of the victim of mistake of fact-finding, the Defendant did not borrow money to P by making a false statement, but invested in the company in which P operated by the Defendant.

B. The sentence of unfair sentencing (two years and six months of imprisonment) by the court below is too unreasonable.

2. In light of the following circumstances which can be acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, i.e., the defendant led to confessions in the court below to the part of fraud against P, and there is no reason to suspect credibility of the confessions, ii) the defendant argued that he was forced to make a confessions by intimidation against P due to the reason that he was illegal aliens in Australia, but it is difficult to believe the above argument in light of the fact that the defendant argued in the process of confrontationing P with P in the investigative agency and led to confessions in the court below. (iii) Even if the defendant received investment from P, the defendant promised to return the principal when he received money from P in the name of the cost of cleaning service company operated by P, as the defendant knew of the fact that he used the money as a personal source, and the defendant requested the return of principal, but the defendant did not comply with the request, iv) the defendant did not receive the money before receiving the money from P, and in light of the fact that the defendant could not have received the money from P and the contract.

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