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(영문) 창원지방법원 2020.08.21 2020노428
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not borrow money from the victim, but paid investment money to the defendant under each subparagraph, and the defendant had the intent to repay and the ability to repay the money at the time of receiving the money, so the judgment of the court below which convicted the defendant of the facts charged of this case is erroneous in

2. The judgment of the court below also asserted the same purport as the grounds for appeal in this part, and the court below rejected the defendant's assertion and convicted the defendant of the facts charged in this case on the grounds as stated in its reasoning.

Upon examining the reasoning of the judgment below in light of the relevant legal principles and evidence, the judgment of the court below is just, and there is no error of law by misunderstanding facts or by misunderstanding the legal principles, which affected the conclusion

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

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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