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(영문) 서울중앙지방법원 2013.03.14 2012노3271
사기
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for eight months.

, however, from the date this judgment becomes final.

Reasons

1. Summary of grounds for appeal;

A. Defendant A 1-A of the criminal facts stated in the judgment of the court below, Section 1-B of the above defendant's money received from the victim is not borrowed but invested money, and the money received from the victim is deemed to have been invested in the victim in trust of K's horse that actually operated the F Co., Ltd. (hereinafter "F") at the time, and all of the money received from the victim was paid to K and K to the person designated by K. And there was no intention to obtain by deception since the victim had the intent and ability to repay the money received from the victim with his own personal ability.

B) Although the money received from the victim of the 1-C of the criminal facts stated in the judgment below was lent to P, it was not possible to receive the return from P, and it was not sufficient to pay the money to the victim, and there was no intention to obtain the money by fraud since there was an intent and ability to repay it with the personal funds of the defendant, and therefore there was no intention to obtain the money. C) The criminal facts in the judgment of the court below are merely reliance on the statement of the defendant B and introduced the victim

2) Even if the facts charged of unfair sentencing are found guilty, the lower court’s imprisonment (two years of imprisonment) is too unreasonable. B. Defendant B’s imprisonment (ten months of imprisonment, two years of suspended execution, and two hundred hours of community service order is too unreasonable.

2. Prior to the judgment on the grounds for appeal by Defendant A’s ex officio, prior to the judgment on the grounds for appeal by Defendant A, the Prosecutor did not have the intent or ability to pay the principal and interest after leaving the operating income through the business to the victim and leaving the operating income normally and making it possible for the victim to repay the principal and interest normally. In addition, the Prosecutor did not have any specific property, and did not have any intent or ability to pay the principal and interest to the victim.

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