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(영문) 대구지방법원 2015.09.23 2015노516
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Although the summary of the grounds for appeal cannot be deemed to have had the criminal intent to acquire the instant money from the victim at the time of borrowing the instant money, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. The defendant alleged that he had no intention to commit the crime of defraudation in the court below, and the court below rejected the defendant's above assertion by giving detailed explanation of the decision under the title "the judgment on the defendant's and his defense counsel's assertion". In light of the records of this case, the court below's decision is just and acceptable, and there is no error of law by misunderstanding facts or by misunderstanding the legal principles, which affected the conclusion of the judgment.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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