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(영문) 서울중앙지방법원 2015.03.19 2014노4043
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant acquired 2 million won from D as activity expenses.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court can recognize the fact that the Defendant acquired KRW 2 million from D as stated in the facts constituting the crime.

Therefore, the defendant's assertion is not accepted.

① On April 24, 2009, the Defendant, with D as the creditor, promised to complete the full amount of D’s loan from June 18, 2008 (limited to a million won) until May 30, 2009, and June 30, 2009, and issued D’s certificate of loan (hereinafter “the instant loan certificate”) to D’s resident registration certificate and the head of the National Broadcasting HH’s identification certificate to D, with each copy of the Defendant’s resident registration certificate and the head of the national broadcasting H’s identification certificate.

② On the other hand, the Defendant changed from D around 2004 that the Defendant prepared the instant loan certificate by demanding and coercioning D’s debt, while he did not pay 1.5 million won for the teaching materials purchased from D.

However, in light of the fact that the bill of this case includes the date of borrowing different from the teaching material buyer and the date of repayment for installment payments in the future, and that the defendant delivered D with the above loan certificate to D two copies of his identification cards, it is difficult to accept the defendant's appeal that the above loan certificate was issued as it was short of D's strong pressure.

③ Meanwhile, on June 14, 2004, D applied to the Seoul Northern District Court for a payment order for the Defendant to pay teaching materials as of January 19, 2004, and the Defendant paid D 1.5 million won per annum from January 31, 2004 until the delivery date of the original copy of the instant payment order ( July 19, 2004) and 20% per annum from the next day to the day of complete payment.

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