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(영문) 서울동부지방법원 2017.11.24 2017노1368
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the following facts, the lower court found the Defendant guilty of the instant facts charged by misunderstanding the fact, although the Defendant did not have by deceiving the victims of money by deceiving the victims.

① In relation to the fraud of the victim C, F was actually making a lawsuit to find the land as early as possible, and the victim sought explanations from F about the value, etc. of the land and made an investment according to his own judgment.

(2) In relation to the fraud of the victim E, the Defendant did not borrow the same money as the facts charged from E.

However, it shall not be deemed that there was a monetary transaction between E and M, or that there is no debt remaining after M fully repaid.

B. In full view of the various factors of sentencing in this case’s unfair assertion of sentencing, the sentence imposed by the lower court on the Defendant (two years of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The following circumstances, which can be acknowledged by the evidence duly adopted and investigated by the court below, i.e., (i) the defendant: (a) stated that the victim C would enjoy a large amount of profit if he/she lends the litigation cost, etc. because he/she could recover the land without the main owner by inheritance; (b) won the judgment of the court of first instance; (c) stated that the cost necessary for the judgment of the court of second instance (50 million won) would be deposited directly into F in the title of the lawsuit owner; or (d) received the money of this case directly or through F in the manner of “a request for additional expenses because it is being well under way”; and (b) the defendant did not have any lawsuit related to the land search at the time of receiving the money; and (e) there was no possibility of winning the lawsuit even if the defendant did not have any substantive intent, there is no possibility of winning the lawsuit.

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