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(영문) 의정부지방법원 2013.06.07 2012노2455
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The summary of the grounds for appeal is that the Defendant received KRW 8 million from F on January 2008, 200, KRW 39 million on September 2008, and KRW 7 million on February 2009 from F. However, the judgment of the court below which found the Defendant guilty of all the facts charged of this case on different premise is erroneous of mistake of facts.

2. Determination

A. The following circumstances acknowledged by the court below based on the evidence duly adopted and examined by the defendant's grounds for appeal, i.e., ① the defendant did not receive 4 million won from the victim F on February 23, 2009. However, the defendant stated that 7 million won was voluntarily received from the police due to lack of the expenses for the operation of the Protection Center in the case where the defendant was investigated by the police, and recognized that 7 million won was received from the victim, including 4 million won. ② The defendant argued that the whole amount received from the victim was the support payment, but the defendant did not clearly state the place of its use, but the victim stated that the amount was separate from the support payment [the amount paid to the defendant is the whole property (such as lease deposit, time deposit, etc.) of the victim, and that the defendant believed that 20 million won was the end of the cross-examination of the victim on February 23, 2009, but it is difficult to say that 100 million won was the victim's donation at the expiration of 2013 years ago.

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