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(영문) 수원지방법원 2016.07.13 2016노1695
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant had sufficient means to pay the guest room usage fee at the time of entering into the guest room use contract with the victim, and the amount of the guest room usage fee that should be paid after that, was not paid in dispute. Thus, the Defendant cannot be recognized as the criminal intent of deception or deception against the victim. The lower court found the Defendant guilty of the facts charged in this case. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. The court below rejected the above assertion in detail, on the grounds that the Defendant and the defense counsel argued the same purport as the grounds for appeal in this part of the judgment of the court below, and on the grounds that “the judgment on the assertion of the Defendant and the defense counsel” was stated in the judgment of the court below.

In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the defendant had already received the amount of KRW 10 million in total from the labor union of the Ministry of Finance and Economy and the labor union of the Ministry of Trade, Industry and Energy before entering into a guest room contract with the victim. Nevertheless, the defendant is presumed to have not yet received the amount of the guest room use contract at the time of entering into a guest room contract with the victim, and if the defendant received money from the labor union of the Ministry of Finance and Economy, the labor union of the Ministry of Trade, Industry and Energy, and the labor union of the Ministry of Trade, Industry and Energy to pay the amount agreed

The Defendant appears to have discussed, and even if he received additional KRW 14 million around August 22, 2013 from the planning and finance labor union and the industrial self-help labor union, paid the total amount of KRW 14 million for the purpose of litigation costs, etc., the Defendant used it for the purpose of litigation costs, etc., and up to two years of leisure.

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