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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 인천지방법원 2015.01.16 2014노3674
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There was no deception as stated in the facts charged in the instant case of mistake of facts, and there was no intention of deception.

B. The lower court’s sentence (three million won of fine) imposed on the Defendant is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below's duly adopted and investigated evidence to determine the assertion of mistake of mistake: (i) the existence of deception is consistent with the facts charged in this case until the investigative agency and the court of the court of the court below; (ii) the victim made a statement that the defendant was accused of the victim as stated in the facts charged in this case; (iii) the loan certificate submitted by the victim by the Minister of Education and the text message sent by the victim to the victim (as stated in the facts charged in this case until October 2008) support the credibility of the victim's statement; and (iv) the defendant made a statement that he borrowed money from the investigative agency to make a horse with the victim; and (v) the defendant made a statement that he was personally borrowed as stated in the victim's statement (Evidence 56,57 pages of evidence record) but the court of the court of the court below did not have consistently made a statement such as continuing the previous argument; (iv) the defendant did not have any fixed revenue at the time of the loan; and (v) the defendant did not have been aware of the principal and evidence of this case.

Therefore, the defendant's assertion of mistake is without merit.

B. The defendant's decision on the argument of unfair sentencing denies the crime of this case and did not recognize his mistake and did not object to the defendant's appeal, and paid some of the money to the victim.

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