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(영문) 대구지방법원 2015.09.03 2014노3358
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. 1) misunderstanding of facts and misunderstanding of legal principles are merely a voluntary guarantee by D, not a defendant by deceiving D and making a guarantee by deceiving D. 2) The defendant and other guarantor G have repaid most of the money borrowed to F. At the time of the instant case, the defendant did not have the intent of deception or deception with respect to D.

3) As D’s guarantee obligation became extinct due to the death of F, D’s guarantee liability may not be deemed to have suffered, or the Defendant may not have acquired, property damage due to D’s guarantee. B) The sentence sentenced by the lower court of unfair sentencing (2 years of suspended execution and community service work in October) is too unreasonable.

2. Determination

A. 1) Determination of misunderstanding of facts as to the assertion that D voluntarily acted as a surety is identical to the argument of the court below, and the court below rejected the above argument in detail under the title "decision on the argument of the defendant and his defense counsel". In light of the records, the judgment of the court below is just, but this part of the judgment of the court below is not justified. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below, the defendant's failure to obtain money from the surety or the defendant is unable to obtain money from the surety, thereby making it impossible for the victim to be actually responsible for the surety. However, this part of the judgment of the court below can be sufficiently recognized as a surety by deceiving the victim and borrowing money from the surety, as stated in the judgment of the court below.

(1) The F shall repay the existing loans to the accused who ask him/her whether it is possible to lend.

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