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(영문) 수원지방법원 2016.10.28 2016노3021
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) There is no fact of misunderstanding of facts and misunderstanding of legal principles from the victim, and there is no fact of deceiving the victim. 2) The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the lower court as to the Defendant’s assertion of mistake of facts and misapprehension of legal doctrine, the Defendant could be recognized as acquiring money in the name of the borrowed money by deceiving the victim.

Therefore, the defendant's above assertion is without merit.

① The Defendant prepared a loan certificate stating that the amount of money was borrowed from the victim on the date stated in the instant case and attached to the Defendant’s certificate of personal seal impression.

The Defendant stated only the signature of the borrower in the above loan certificate, and the remaining creditors, etc. are arbitrarily prepared by I. However, the victim consistently stated that he prepared each loan certificate with the Defendant and I up to the original judgment and the trial court, and the Defendant also stated that he borrowed money from the victim at the prosecutor's investigation stage and prepared the loan certificate at the same time (Evidence No. 185 of the evidence record), and that I prepared all the loan certificates up to five pages against the Defendant's will.

② The Defendant provided the victim with the intent to repay the money with the profit from G’s scrap metal business. Although G received a business registration for the scrap metal business, G was merely a remote plan and renounced before the commencement of the business.

In relation to the remaining fraudulent contents, the victim consistently stated that he/she lent money with the belief that he/she would repay the money with a housing compensation, etc., and the spouse of the defendant has real estate at H around that time.

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