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(영문) 서울남부지방법원 2015.01.16 2014노775
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no error of fact that the Defendant borrowed each money from the victim of the crime Nos. 2 and 4 of the attached Table 1 of the judgment of the court below.

In addition, although the defendant had considerable financial capacity at the time of borrowing money from the victim and had had intent to repay, it was merely impossible to recognize that the management status of the company operated by the defendant rapidly aggravated since the borrowing of money, and that the auction procedure is in progress with respect to assets such as real estate held in that process.

The victim has lent money to the defendant, taking into account all the circumstances in which the defendant operates the company and the financial status.

The defendant did not deceiving the victim, and the victim is not a mistake due to the deception of the defendant.

The lower court erred by misapprehending the facts, thereby finding the Defendant guilty of the remaining charges of this case.

B. The sentence imposed by the lower court (one year and four months of imprisonment) is too unreasonable.

2. Determination

A. According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant requested to lend money to the victim at each date listed in the annexed list Nos. 2 and 4 in the judgment of the court below, and the victim borrowed money from H and issued the cashier's check to the employees of the defendant in the case of No. 2 in the above crime list No. 2 as designated by the defendant (the person who presented cashier's check payment presentation is the L who is the child of the defendant, M presented a check on behalf of L and sent the check amount to L account.

) In the case of Nos. 4 of the above list of crimes, the fact that the defendant, the creditor of the defendant, was remitted to I (the recipient, the wife of I) as the repayment of the defendant's obligation. This part of the defendant's assertion is not accepted. 2) The court below's decision on the deception was duly adopted and investigated by the evidence.

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