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(영문) 수원지방법원 2020.10.21 2020노3038
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment, three years of probation, and two hundred hours of community service) is too unreasonable.

B. In full view of the evidence submitted by the prosecutor of the facts-finding, as shown in the attached Table 1, the defendant sufficiently recognized the fact that he/she borrowed and stolen a sum of KRW 315 million from the victim F from September 25, 2017 to September 29, 2017, as well as the evidence submitted by the prosecutor of the facts-finding, the lower court did not recognize the part of the defendant's act of borrowing KRW 115 million from September 25, 2017 concerning the No. 1 of the annexed crime list of crimes, but did not recognize the part of the defendant's act of borrowing KRW 15 million from September 25, 2017 to September 29, 2017 to obtain only a sum of KRW 200 million from the victim by borrowing only the sum of KRW 376 million from September 27, 2017 to the sum of KRW 200 million from September 29, 2017 to the court below's judgment that he/she is guilty of an unfair sentencing of KRW 16.7 billion.

2. Judgment on the prosecutor's assertion of mistake of facts

A. The summary of this part of the facts charged was that the Defendant operated B from around 2014, but from around March 3, 2017, the Defendant borrowed KRW 37 million from the lending company due to financial difficulties. From around July 2017, the Defendant was requested to return the investment amount of KRW 200 million from C, and around July 2017, he was requested to return the amount of KRW 200 million from D. Since around 2016, he was aware that the Defendant was the wife of the former representative director, he was aware that he was the wife of the former E representative director, and was able to use it for the payment of the existing debt.

Accordingly, the defendant entered into a contract with the victim to deliver fireworks to the G Group on September 25, 2017, and the contract terms have to be 600 million won in balance.

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