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(영문) 인천지방법원 2015.01.09 2014노3633
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles through the Defendant’s wife, the Defendant did not mean that “If he/she is unable to receive a loan of KRW 55 million from a community credit cooperative in the company, he/she shall be exposed to the audit and inspection. If he/she borrowed money, he/she shall be used only 10 days, and he/she shall be paid immediately after the audit is completed

In addition, when the defendant borrowed 50 million won from the victims, the amount of debt that the defendant had to pay to the company that he had worked is not 90 million won as stated in the facts charged but 250 million won.

When the victims filed a complaint against the defendant, the victims stated to the effect that "the defendant acquired money under the pretext of a loan without the intention or ability to repay, which would be punished as a crime of fraud," and did not mean that the defendant would not have borrowed money if he had ever talked about the purpose of the loan (the repayment to other creditors).

In light of these circumstances, it cannot be said that the defendant could not have induced victims, and that there was a criminal intent to acquire the defendant by fraud.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is excessively unreasonable.

2. According to the following circumstances acknowledged by the evidence duly adopted and investigated by the court below regarding the assertion of mistake of facts and misapprehension of legal principles, the facts and intent of fraud by the defendant are all acknowledged.

Therefore, the defendant's assertion of mistake and misapprehension of legal principles is without merit.

The victim C consistently made the following statements from investigative agencies to the court of the court below.

On May 11, 2007, H, the Defendant’s wife, called on May 1, 2007, that the Defendant was dismissed from the company where the Defendant was involved in an accident, and the Defendant’s company was audited by the Defendant’s company. If the Defendant was discovered to have received a loan from a community credit cooperative before, it would be dismissed, and it would be 10,000 won.

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