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(영문) 수원지방법원 2015.06.19 2015노60
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error) is sufficient to pay D the instant money at the time of borrowing the money, and is not for household affairs.

Even if the defendant believed that the ability to repay is sufficient, there was no intention to acquire money from the defendant.

Nevertheless, the judgment of the court below that found the defendant guilty is recognized as the criminal intent of defraudation is erroneous in the misconception of facts.

2. The Defendant also made the same argument in the lower court, and the lower court rejected the Defendant’s assertion on the following grounds: (a) considering the circumstance in which the Defendant introduced the victim to D at the end of the application of the statute, the background leading up to the introduction of the victim to D; (b) the financial history of the Defendant and D at the time; (c) the relationship with the Defendant and D; and

In comparison with the evidence records, a thorough examination of the judgment of the court below is conducted, and the defendant prepared a loan certificate under his own name and delivered it to the victim, the judgment of the court below is just and there is no error of law of mistake

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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