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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울북부지방법원 2014.11.13 2014노1166
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (as to the facts of the case in 2014 Godan118), the Defendant received a loan within the scope of KRW 10 million under an agreement with the victim S. and purchased used cars, and subsequently divided the profits remaining after selling them. At the Defendant’s request, AR, which received documents necessary for the loan, entered an excessive amount of loan at his own discretion, entered the purchased used cars in excess of the loan amount, and the purchased used cars also were transferred, and the Defendant issued KRW 2 million to the Defendant.

Therefore, there is no fact that the defendant deceivings the victim as stated in this part of the facts constituting the crime in the judgment of the court below, thereby deceiving the pecuniary profit equivalent to KRW 19.5 million.

B. Mental and physical disorder (as to each criminal fact in the case of 2013 high-class 2322), the Defendant was under the influence of alcohol at the time of committing each of the crimes, and was in the state of mental disorder or mental and physical disability.

C. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below at the court below's erroneous determination of facts (as to the crime of the case No. 2014 high-class 118, the defendant obtained a loan under the name of the victim S with a permanent brain disorder, such as intelligent disability, etc., as stated in the facts constituting the crime in this part of the judgment below, and purchased used cars with intent to sell it and raise money, and with no intent or ability to repay the loan, the defendant makes a false statement to the effect that "I would make the victim obtain a loan under the name of four and make it possible to purchase used cars and pay the full amount of the loan." Accordingly, the defendant has the victim pay the victim a loan of KRW 19.5 million in the name of the victim from Hyundai Capital Co., Ltd. (hereinafter referred to as "on-site loan").

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