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(영문) 수원지방법원 2018.04.05 2017노2881
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. Defendant A

A. The summary of the grounds for appeal is as follows: Defendant A, upon the request of K to request a discount of the face value of KRW 50,000,000 at face value, mediated the discount of the check to the victim through joint Defendant B; Defendant A, a part of the discounted amount of the check paid by the injured party, decided to borrow from K; and thereafter, Defendant A prepared and executed a letter at the request of K. Accordingly, Defendant A did not deceive the victim as stated in the facts charged of this case, nor did the criminal intent of defraudation exists.

Nevertheless, the court below rendered a guilty verdict against Defendant A, and the judgment of the court below erred by misunderstanding the facts and adversely affecting the conclusion of the judgment.

B. The following circumstances acknowledged by the evidence duly adopted and duly examined in the judgment of the court below and the court below: ① at the time of discount of the check of this case, the victim issued the check of this case for the payment of the construction cost; ② at the time of discount of the check of this case, G and H, the drawer, and Defendant A, the endorsement, are the same companies in fact, and Defendant A, the check of this case, which was received as H construction cost, was awarded at the discount of the above check of this case. The victim knew that the check of this case is not issued for the payment of the construction cost, or that the check of this case was not issued for the payment of the construction cost, or that the check of this case was entered in excess of the blank Supplementary note presented by the drawer of the check, and ② Defendant A asked Defendant B to pay the discount of the check of this case for the payment of the construction price at the time of the check of this case. Defendant B requested Defendant B to the investigation agency for the payment of the above discount of the construction price at the time of the check of this case.

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