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(영문) 수원지방법원 2015.12.04 2015노3151
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant, in collusion with C, was unaware of the victim Hyundai Capital Stock Company (hereinafter “victim Company”).

Therefore, the judgment of the court below that recognized the defendant's crime of fraud is erroneous.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, ① in the case of a vehicle loan, if the victim company knew that the Defendant and C applied for the loan for the purpose of lending cash, the victim company would not have caused the loan to the Defendant if the victim company knew that the Defendant and C want to lend cash by using the above vehicle, ② in the case of a strawing vehicle loan, C attempted to immediately provide the above vehicle to the bond company as collateral, and the Defendant, despite being aware of such fact, entered into an automobile loan contract with the victim company in the name of the Defendant and received the loan from the victim company, can fully recognize the fact that the Defendant acquired the money by deceiving the victim company in collusion with C, such as the criminal facts of the lower judgment.

Therefore, the judgment of the court below that recognized the defendant's crime of fraud is just, and there is no error of law of misunderstanding the facts in the grounds of appeal, so the defendant and his defense counsel's

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

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