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(영문) 부산지방법원 2013.05.03 2013노765
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not borrow KRW 10 million from the victim C, and upon the request of the victim G G, transferred KRW 2980,000 from the victim G account to the Defendant’s account, and all of them were withdrawn to the victim G, and did not result in the victim G’s lapt.

Therefore, the judgment of the court below which found all of the charges of this case guilty is erroneous in misconception of facts.

B. The sentence of the judgment of the court below on unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances are revealed in light of the judgment on the assertion of mistake of facts: (i) the facts revealed in the evidence duly adopted and investigated by the court below; (ii) the victim C has lent KRW 10 million to the defendant from the investigative agency to the court of the court below, but was not returned; (iii) the victim C has stated that he/she had paid KRW 35 million to the defendant, including KRW 25 million he/she lent to the defendant; and (iv) the defendant has prepared and issued a certificate of loan to the victim C, the part of the facts charged in the instant case can be sufficiently recognized; therefore, there is no error of mistake of facts in the judgment of the court below.

B. The following circumstances revealed through the evidence duly adopted and examined by the court below: (a) the victim G consistently stated that the Defendant suffered damage from the use of computers, etc. and theft as stated in the facts charged in the instant case; (b) the Defendant stated to the witness H that he/she was able to use the money of the victim G because he/she was urgently required to pay money to the witness; and (c) the victim G brought the witness H about KRW 30 million and Nohbuk at the time following the commission of the crime by the Defendant.

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