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(영문) 울산지방법원 2013.11.06 2013노208
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of the facts charged in this case, although the victims, F, E, etc. were the leaders of the accounts of the victims, and the victims mediated to lend money to F, etc., and paid the money received from the victims to F, etc. or delivered it to F, etc. for the repayment of debt according to F, etc., but the defendant was unaware of the victims by deceiving the victims, which affected the conclusion of the judgment by misunderstanding the facts.

B. In light of the overall circumstances of the instant case of unreasonable sentencing, the sentence imposed by the lower court on the Defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below regarding the assertion of mistake of facts: ① The victim I lent money to the defendant under the circumstance where the defendant was not aware of the person to use the money due to the fact that the investigation agency and the court below held that the defendant was responsible; the interest was paid from the defendant; the defendant and the person who paid the money was stated that the above victim was not a pathy; and the victim J also stated that the defendant was responsible for the defendant to lend money; and the victim J also stated in the court below that the defendant first offered investment proposal and borrowed money to the debtor as the defendant as the guarantor (the victim J also stated that the loan certificate which the F was the debtor was also the receipt of the defendant as the defendant's surety (the victim's debt was partially concealed and the loan certificate was received in the name of F, but this is considered to have been issued). ② The payment of the above money to the investigation agency and the investigation agency or the court below was made with interest or interest of H, etc.

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