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(영문) 광주지방법원 2013.12.11 2013노1933
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have any intention to commit fraud.

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

2. Determination

A. The evidence duly adopted and examined by the lower court as to the assertion of mistake of facts and the following circumstances acknowledged by the records of this case, namely, ① the Defendant: (a) provided the victim that “I will start to work in the E entertainment tavern operated by the victim and work as a gathering for the said entertainment drinking house; and (b) received approximately KRW 56 million from the victim nine times for five months; (c) in fact, the period of work in the said entertainment drinking house is less than two months; and (d) it appears that I would not have known the victim of the above entertainment drinking house to the above entertainment drinking house; (b) the Defendant did not have worked in the above entertainment drinking house for a considerable period of time during which I would have retired from office for the said entertainment drinking house; (c) the Defendant was able to pay the victim a considerable amount of money during the said entertainment drinking house’s first-class 0 days after her mother was discharged from the hospital; and (d) the Defendant was able to pay the victim a considerable amount of money during the said entertainment drinking period of 0 months after her discharge.

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