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(영문) 의정부지방법원 2018.12.06 2018노2074
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) In the case of paragraph (6) of the crime list No. 6 in the holding of the court below, the defendant merely borrowed 12 million won from L who is the victim's seat, and did not borrow the above money from the victim.

(2) In the case of the crime Nos. 7 and 8 in the judgment of the court below, the victim only spent the total of KRW 12.9 million for advance subscription for the account of the victim while carrying out the business of selling the commercial building of this case jointly with the defendant at the time, and did not pay the above money in any deceitful act of the defendant.

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. The judgment of the court below as to the assertion of mistake of facts (1) is based on the evidence duly admitted and examined by the court below and the court below as to the crime of the crime of the No. 6 of the crime table in the judgment below, i.e., the following circumstances acknowledged by the evidence duly admitted and examined by the court below and the court below, i.e., ① even if the defendant's statement was made, the victim borrowed 20 million won from L which is one's own land and lent 12 million won to the defendant, and the defendant does not appear to have borrowed 12 million won directly from L (L was deemed to have attached the victim's property to return the borrowed money, but no measures were taken against the defendant). ② The defendant also recognized that the above 12 million won was included in the borrowed amount of the crime of the crime of the crime of the No. 6 of the court below as stated in the judgment of the court below, and ③ the defendant was paid 5 million won interest from the victim's loan since 12 million won to 200 million won.

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