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(영문) 청주지방법원 2013.10.25 2012노864
사문서위조등
Text

The judgment of the court below is reversed.

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

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant alleged a misunderstanding of facts is merely having conducted money transactions several times with the victim who was in a pro-friendly relationship, and there is no fact that he acquired approximately KRW 300 million money from the victim over several times, such as the facts charged on the fraud of this case.

B. The lower court’s imprisonment (one year and six months of imprisonment) on the grounds of unreasonable sentencing is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of this part of the facts charged is that the Defendant was a family owner with bad credit standing, and the Defendant did not have any other income except her husband C’s monthly income and used it as full living expenses, etc., and even if he borrowed money from others, he did not have any intent or ability to complete payment.

Nevertheless, on January 5, 2007, the Defendant made a false statement to the effect that “The son and son son son son son son son son son son son was hospitalized in the hospital, and it is difficult to live in the hospital, because son son son son son was suffering from white blood disease. When the son and son received the land within the ceiling from his parents as a miscarriage, he will pay the money that he received as compensation for the land.”

The Defendant received 1.5 million won in cash from the victim on the pretext of a loan from the victim, from the time to February 10, 2010, the Defendant received a total of KRW 29,780,000,000 from February 10, 201 as stated in the list of crimes.

B. The evidence that seems to correspond to this part of the facts charged is admissible as evidence, the victim's statement, the victim's husband L, Q, R, and T, the victim's statement to the effect that the defendant had the victim bear the obligation equivalent to KRW 300 million, the victim's statement, the claim details by himself/herself, the meta and the list of crimes, the account details with the victim and L, and the credit card that the victim received cash service.

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