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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.08.17 2014노7364
사기
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The court below erred in the following matters due to misunderstanding of facts, misunderstanding of legal principles, incomplete deliberation, and violation of the rules of evidence, and there are also errors in reasoning.

Criminal facts

In fact, the defendant did not misrepresent the officer since he was a public official of the Republic of Korea Kaviter as a public official of the Republic of Korea.

Although the Defendant received USD 30,00 from the victim F, the Defendant did not receive “the name of the Kavina Government Deposit for the Operation of the International School English Camp Project” as stated in the judgment of the court below, and received the down payment pursuant to the Kavia Government Office of the State Government of the State, the Office of Government of the Republic of Korea, and the International School Contract for the Entrustment and Operation of the International School (hereinafter “instant Contract”) concluded with the said victim, it cannot be deemed a deceptive act.

Criminal facts

Paragraph 2 related to paragraph 2 (G) (1 million won borrowed money from G) was borrowed from F, not G, and repaid thereafter.

Criminal facts

Although there is a fact that the case related to paragraph (3) (the fraud part) G calculated the meal cost for Defendant's daily activities, it is only the cost to be borne by F as an event conducted by invitation of F, and there was no obligation for Defendant to pay the meal cost.

Therefore, the defendant cannot be said to have obtained money by deceiving the victim like this part of the crime.

Judgment

A thorough examination of the evidence duly adopted by the court below as to the misrepresentation of the officer, and in addition, a thorough examination of the evidence duly adopted by the court below, and the following circumstances are revealed: ① the names and attitudes of the parties concerned to the defendant, ② the defendant introduced him to the victim F as the "official in charge of the Republic of Korea in the Cavia Government" (No. 174 pages) and introduced himself to the victim F, ③ the signature of the Kvia National Institute in the sample of the certificate of employment sent by the defendant to the victim F is arbitrarily inserted by the defendant, ④ the statement of the name used by the defendant.

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