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(영문) 수원지방법원 2014.12.18 2014노5191
사기
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for six months.

Defendant

A.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts) Defendant A (A) purchased J land with the money borrowed from the victim without equity capital at the time of the instant case with the money borrowed from the victim and the money borrowed from the real estate mortgage loan, and the fact that Defendant A had no particular property and it is economically difficult for them to use it for a long time, Defendant A did not commit deception, on the ground that Defendant A had been fully aware of the fact that there was no economic difficulty.

B) Although Defendant A was unable to repay the full amount on the date of repayment promised to the victim by filing a civil petition or a reduction loan, the court below found Defendant A guilty of the facts charged of this case against Defendant A, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2) Although the respective legal statements of Defendant B G and S lack rationality, their statements are inconsistent, are inconsistent, and they cannot be trusted as they are, and there was objective and obvious evidence contrary to the facts charged in the instant case against Defendant B, the lower court found Defendant B guilty of the facts charged in the instant case. However, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment. (b) In light of the overall sentencing factors of the Defendants in the instant case, in so doing, the lower court’s punishment against the Defendants (two years of imprisonment and ten months of imprisonment) is too unreasonable.

2 In light of all of the sentencing conditions of the Prosecutor’s instant case, the lower court’s respective sentence against the Defendants is too uneasible and unreasonable.

2. In full view of the evidence duly adopted and examined by the lower court regarding Defendant A’s assertion of mistake of facts, and in particular, the victim G from an investigative agency to the court of the lower court’s trial, the lower court’s judgment is as follows.

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