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(영문) 부산지방법원 2015.11.20 2015노3254
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the lower court found the Defendant guilty of the facts charged in this case, but the Defendant actually paid a 2-month loan, and the Defendant did not give a false notice of the victim’s ability to repay to the victim company at the time of applying for an installment loan as a used motor vehicle in this case, it cannot be deemed that the Defendant had the criminal intent of

Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. Not on the basis of unreasonable sentencing

Even if the court below's punishment (4 months of imprisonment) is too unreasonable.

2. Determination:

A. We examine the argument of mistake of facts. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① the condition of installment loan of the used vehicle of this case was paid in 765,526 won per month for 36 months. The defendant only paid the purchase fund of this case for the first two months (1,435,361 won) and did not pay any amount thereafter. ② The defendant provided the used vehicle of this case to a third party with mortgage in the name of the victim of this case on July 2013 and received a loan of 6 million won from the above lender to a third party. On September 24, 2013, the above lender requested consultation related to the above used vehicle of this case. ③ When the defendant was unable to obtain the loan of the used vehicle of this case due to credit rating of this case, the defendant could obtain the loan of this case from the victim or the vehicle of this case, and the defendant could obtain the loan of this case from the victim or the vehicle of this case.

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