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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.08.12 2014노5630
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) is only a fact that the Defendant received 70 million won from the victim to receive 70 million won from the victim to deliver a total of KRW 100 million.

Nevertheless, the court below recognized that the defendant deceivings the victim to defraud 70 million won. The court below erred by misunderstanding the facts or by misunderstanding the legal principles, which affected the conclusion of the judgment.

2. The following circumstances acknowledged by the evidence duly adopted and examined in the lower court’s judgment, namely, ① the victim has consistently stated from the investigative agency to the court of the lower court that “it is possible for the Defendant to present present financial services with a copy of I’s passbook exceeding KRW 5 billion, and the Defendant would be given KRW 70 million within several days if he would be given a loan to KRW 70 million.” The victim’s wife also stated to the effect that “The victim would have given a loan of KRW 70 million to the Defendant.” The victim’s wife was aware that he would have given a total of KRW 18 million by demanding the Defendant to pay the remainder of the amount, and received KRW 50 million with a loan certificate of KRW 50 million with respect to the remainder of the amount, as alleged by the Defendant, it is difficult to deliver the victim’s loan of KRW 70 million with a loan certificate to the effect that the Defendant would not have paid KRW 30 million for the same purpose as the victim’s loan.”

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