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(영문) 인천지방법원 2017.08.16 2017노973
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and three months.

Reasons

1. Summary of grounds for appeal;

A. The defendant (misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of sentencing) (1) the defendant asserts as mentioned in paragraphs (a) through (e) below, and the judgment of the court below which found the defendant guilty of the facts charged is erroneous and misunderstanding of legal principles which affected the conclusion of the judgment.

(A) As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (A) against the victim F, the Defendant received 16.5 million won from F as a cost for performing the joint business, and did not receive money as a means of loan intermediation.

(B) Fraud against the victim F

The F received KRW 14850,00 from the F to the funds to carry out the construction project, and later made efforts to order the construction project.

There is no fact of deceiving money by deception.

② The money listed in paragraphs 9 through 12 of the attached Table 1 of the List of Crimes in the original judgment is used as office rent, and the money listed in paragraphs 19 through 12 of the year is used as office rent. Therefore, such expenses cannot be deemed as fraud by the Defendant. In this sense, fraud against F cannot be said to specify the amount of damage.

(C) A crime of fraud against the victim N

N only borrowed money from N and there is no money as stated in the facts charged.

② The Defendant did not deception N only by entering N’s request.

③ Since admissibility of a single-book submitted by the N cannot be recognized, the amount of damage cannot be specified.

(D) As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the Act on the Aggravated Punishment, etc. of Specific Economic Crimes) against the victim N, the N received the actual expenses, such as meal expenses, and did not receive money as the broker for the loan.

(e) As to the victim R and T:

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