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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2016.12.16 2016노3780
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no misconception of facts and misapprehension of the legal principle that the Defendant, as alleged in the facts charged, deceiving the victims.

No one has received KRW 20 million on July 4, 201 from among the amount obtained by deceit for victim H.

At the time when the defendant borrowed money from the victims, he/she had the intent and ability to repay the money, and the money borrowed from the victim F and H was repaid through the victim F's O.

There is no intention to commit fraud against the accused.

B. The lower court’s sentence is heavy.

2. Determination

A. In full view of the evidence examined at the lower court’s judgment on the fraud of the victim F and H, the following facts and circumstances are recognized. The Defendant may be recognized based on the fact that the Defendant was a victim F and H, and that the Defendant acquired money. ① The victims consistently concluded that the Defendant lent money as stated in the facts charged. The Defendant also stated that “the Defendant agreed to pay money to the victim F including the interest during one month.” The victims’ horses can be trusted. ② The victims may be deemed to have never been capable of paying money from the victims. In view of the following circumstances, the Defendant is determined to have never been capable of paying money from the victims, and the Defendant is deemed to have knew of the fact that it would not have been repaid even if he/she borrowed money from the victims, or at least would have been aware of it. The Defendant’s criminal intent is recognized. The Defendant was sentenced to suspended execution of imprisonment with prison labor at the Seoul Central District Court on October 8, 2015 to imprisonment with prison labor for a year, and the instant judgment became final and conclusive on the same date as the Defendant was Do.

From April 25, 2011, the same year

8. The same year from June 28, 201 to June 26, 201 by deceiving the sum of KRW 197,500,000 as the borrowed money;

7. E operation by up to three times until 21.2.

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