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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전지방법원 2013.10.24 2013노1461
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding defendant did not borrow money from the victim for the purpose of investing in J, but merely introduced the J to the victim by requesting the introduction of investment sources of surplus funds, and accordingly, the victim did not intend to acquire money from the victim.

However, the court below erred by misapprehending the facts of the charge of this case by finding the guilty guilty.

B. Even if the defendant was found guilty of an unreasonable sentencing sentence, the sentence of one-year imprisonment imposed by the court below is too unreasonable.

2. Determination

A. The following circumstances are acknowledged by the evidence duly adopted and examined by the court below and the court below's decision on the assertion of mistake of facts: (i) the victim E and the court below stated that all of the instant funds were not known to each other during the time when the funds were discharged (No. 209 pages, No. 225 of the Investigation Record); (ii) the defendant also stated that there was no timely personnel between the victim and the J at the time (No. 199 of the Investigation Records); (iii) the defendant received the investment funds from I as the broker of the defendant; and (iv) the defendant was urged to pay the investment funds from I; and (iii) the J stated that there was no talk from the defendant as to the fact that the instant funds were made from the victim (No. 75 of the Investigation Records, No. 231 of the Investigation Records); and (v) the defendant actually received direct transfer from the victim and used the funds to repay his obligations to J, and thus, the defendant is held liable for the return of the investment funds to the victim.

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