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(영문) 서울남부지방법원 2016.11.11 2016노1559
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact-finding facts that the Defendant used the fund management of KRW 30 million borrowed from the victim C in relation to the facts charged No. 2015Da4757, supra, as the victim stated, and paid KRW 17.15 million in total to the victim. The Defendant’s income amount was about KRW 29 million in 2010, approximately KRW 46 million in 2011, approximately approximately KRW 68 million in 2011, and approximately KRW 68 million in 2012, the Defendant was guilty of the Defendant without deceiving the victim and had no criminal intent to commit fraud.

B. The sentence of an unreasonable sentencing (eight months of imprisonment) by the lower court is excessively unreasonable.

2. Determination

A. The lower court duly admitted and examined the assertion of mistake of facts as follows: (i) the Defendant led to confession from the lower court to paragraph (1) of the facts charged at the lower court; (ii) on November 19, 2010, at the time of borrowing KRW 30 million from the victim C, the Defendant was liable for KRW 118.5 million with respect to the Defendant’s prosecutorial statement at the time of borrowing KRW 30 million from the victim C; and (iii) the Defendant stated that the Defendant was “at the time of borrowing money from the victim F, KRW 20 million or above” at the time of borrowing money from the victim F. 1143 (Evidence of the instant case’s evidence record 83); (iv) on the one hand, at the time of borrowing money from the victim C, the Defendant received money from KRW 20,000 from the victim to his new bank account at KRW 10,000 from KRW 20,000,000,000 from KRW 108 (G) 25.10) securities.5.1.1.

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