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(영문) 대구지방법원 2018.01.25 2017노2966
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant, who was employed as a business director of a company run by the victimized person, recommended the injured person to provide the injured person with the security deposit to establish a place of business in the port area, and the injured person refused to do so, and the N or P signed and borrowed the same.

However, the security deposit should be borne by the company at its original place of business, and due to the increase in sales, there was no finite relationship between the company and the defendant's salary.

The defendant shall not acquire money from the damaged person by deceit.

The judgment of the court below contains an error of mistake of facts.

2. The judgment of the court below based on the evidence duly examined and adopted by the court below, that is, the defendant borrowed 10 million won from the injured party to pay the distribution center office in accordance with the defendant's responsibility in order to establish the distribution center office in the distribution port. However, as the defendant himself acknowledged, the defendant did not have halog property at that time, and did not have the ability to pay taxes and personal debts, and the above amount was used as a security deposit for the distribution center office in the distribution center in the distribution center in the distribution center in the distribution center in the distribution center. However, although the defendant did not pay the rent, the above amount was deducted from the security deposit due to the defendant's failure to pay it, and the defendant used it as another company's security deposit without paying it to the injured party, the judgment of the court below that the crime of fraud is established is justified, and there is no error of law by mistake as alleged by the defendant.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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