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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울서부지방법원 2020.08.27 2020노327
사기
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sum of KRW 37 million in the list of crimes Nos. 4 through 7 in the judgment of the court below is that G borrowed from the victim, and that is irrelevant to the defendant.

The said money was used for G most.

The judgment of the court below that recognized the defendant to have acquired the above money from the victim is erroneous.

No. 3 of the crime sight table No. 10 million won in the judgment of the court below is transferred by the defendant from the victim.

This part of the facts charged is insufficient to prove the guilt.

The judgment of the court below which found the defendant guilty is erroneous in misconception of facts.

Judgment

The Defendant alleged the money set forth in Nos. 4 through 7 of the crime sight table in the decision of the court below also asserted the same as the grounds for appeal.

The court below rejected the defendant's assertion in detail under the title of "the judgment on the defendant's and defense counsel's assertion".

Compared with the evidence adopted and examined by the court below, the judgment of the court below is just and acceptable.

In so determining, contrary to the allegations by the Defendant, there were no errors by misapprehending facts or by misapprehending legal principles.

This part of the defendant's assertion is without merit.

The following circumstances are acknowledged by the evidence duly adopted and investigated by the court below regarding the money in the list Nos. 3 in the judgment of the court below. The victim has consistently stated that the victim transferred the amount of KRW 10 million from the victim on August 31, 2016 to the I deposit account (AI) in the name of the defendant on August 31, 2016, as stated in the list Nos. 3 in the judgment of the court below, from the investigation agency to the court of the court below. The defendant also recognized the fact that the defendant was transferred KRW 10 million from the victim on August 31, 2016 at the time of investigation, and at the time of "K was transferred from Hong Kong."

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