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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울북부지방법원 2014.11.13 2014노310
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In the absence of the fact that the Defendant, by deceiving the victim E and N with the intent of deceiving money, received money from the victims as investment funds for the establishment of “F School” projects, etc., the lower court convicted the Defendant of each of the charges in this part by misunderstanding the facts. (ii) The sentence sentenced by the lower court of unfair sentencing (the community service order of two years and 300 hours during one year and six months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unfortunate and unfair.

2. Determination

A. According to the evidence duly adopted and examined in the court below's decision on the defendant's assertion of mistake of facts, especially the witness E, N, and R's legal statement, when the defendant receives money from the victim E and N to the Chinese Cheong City for the purpose of investment funds such as the business that establishes the "F School" for the children of local residents (hereinafter "the business of this case"), the defendant did not have any authority in carrying out the business of this case, and even if he receives money from the victims for the purpose of investment funds of the business of this case, such as the repayment of the defendant's personal loans or the payment of overdue rents or employees' wages, even if he actually invested in the business of this case in this case and did not have the ability to return and pay the investment principal and high-rate investment profits to the victims, the defendant can sufficiently recognize the fact that the victims deceiving the victims as stated in each fraudulent crime of this case with the intent of defraudation and receive money from the victims as the investment funds of this case.

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