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(영문) 광주지방법원 2018.06.28 2018노867
사기등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the fraud of the victim C who was found not guilty of the lower court, in light of the victim’s statement, the loan certificate corresponding thereto, and the circumstances before and after the crime, etc., the fact that the Defendant deceiving the victim to pay the insurance premium by proxy can be fully acknowledged.

However, the court below found the defendant not guilty of this part of the facts charged on the ground that there is no proof of crime, which affected the conclusion of the judgment.

(2) The sentence of the lower court’s improper sentencing (one year and six months of imprisonment) is too uneased and unreasonable.

B. (1) Fraud against the victim E by mistake of facts (crime 1-2 of the crime as indicated in the judgment below)

A.With regard to paragraphs (b) and (b), the Defendant had the intent and ability to change the money to the victim at the time of borrowing the money, and in fact there was no intention to commit the crime of defraudation since the Defendant actually repaid the money borrowed from the victim.

In addition, the defendant is guilty of the crime No. 1-C. of the judgment below.

No credit card loan has been granted, such as described in paragraph (1), and even if so, there is such fact.

This is done under the E's permission.

In relation to the fraud of the victim H (crime No. 2 in the judgment of the court below), the defendant had the intent and ability to change the money to the victim at the time of borrowing the money from the victim, and in fact there was no intention to commit the crime of defraudation, since the defendant actually repaid a considerable portion of the money borrowed from the victim.

With regard to the fraud of the victim K (the crime No. 3-A. 3-A of the crime in the judgment below), the defendant had the intent and ability to change the money to the victim at the time of borrowing the money from the victim, and in fact there was no intention to commit the fraud since the defendant actually repaid a considerable portion of the money borrowed from the victim.

In addition, the defendant is guilty of the crime No. 3 of the judgment below.

(b)and (c)no credit card is used with the issuance of the credit card under the name of K after K's sunset, as described in paragraph (1);

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