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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2016.09.21 2016노4345
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding as to the fraud against the victim C and D: ① In the case of the crimes listed in the list of annexed crimes Nos. 1 and 3, H receives KRW 20 million from the victims; ② in the case of the crimes listed in the list of annexed crimes Nos. 2 and 4, the defendant merely gave C the advance interest of KRW 1 million and borrowed money, and the defendant would be ordered to take the construction of the open space or the open space in Ansan-si.

There has not been deceiving victims, ③ In the case of crimes listed in the attached list 5 through 7, the victim C borrowed 40 million won from S and 40 million won from Y, respectively, and the victim C did not have any problem. As such, the part of KRW 80 million is not the victim.

B. The punishment of the lower court (Article 1 of the facts constituting the crime as indicated in the lower judgment: 1 year of imprisonment and Paragraph 2 of the facts constituting the crime as indicated in the lower judgment: 10 months of imprisonment) is too unreasonable.

2. Determination

A. In other words, the following circumstances acknowledged by the evidence duly adopted and examined by the lower court on the part of the charge of fraud against the victim C and D, i.e., the victim C, “Before being confined to a detention house, the Defendant would be expected to build a new commercial building and a hotel in the front and front front door complex of the racing, and would allow the said construction to be allowed if the Defendant lent money for the need of expenses.

In addition, the defendant extended the sum of KRW 30 million to the defendant, and after being confined in the detention center of the Suwon, the defendant can be released from the above work, and the defendant needs to pay money in the name of the agreement for release, and if he/she borrowed the above work, he/she shall have the above work repaid.

In addition, 89,700,000 won was loaned to the defendant.

“The victim” is generally stated to the effect that it is generally consistent, ② As to the amount of money received by the Defendant from the victim C before the reduction of the detention house, the Defendant also made the police investigation.

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