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(영문) 대전지방법원 2015.06.09 2015노59
사기
Text

The judgment below

Part concerning Defendant F and G shall be reversed.

Defendant

F. F. Imprisonment with prison labor for a year and six months, and Defendant G.

Reasons

1. Summary of grounds for appeal;

A. Defendant E (1) misunderstanding of facts (the fraud against the victim AS) received a total of KRW 100 million from the victim AS as the purchase price for a lawsuit, but there is no fact that he obtained KRW 100 million as the lease deposit and acquired it by deception. 2) The sentencing of the lower court on unreasonable sentencing (one and half years of imprisonment) is too unreasonable.

B. Defendant F1) misunderstanding of facts is merely aware of all loans as normal loans, and there is no fact that the Defendant acquired the loans by fraud in collusion with E, etc.

C. Defendant G1) The fact that Defendant G (1) delivered documents, such as a certificate of personal seal impression, to BI for the registration of establishment of an agricultural partnership and for the conclusion of a lease agreement for a distribution office of an agricultural partnership. However, not only did the above documents have been delivered to E but also did not consent to the delegation of the authority to apply for a loan or loan. 2) The sentencing of the lower court of unfair sentencing (one year of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too unreasonable.

The sentencing of the lower court by the Prosecutor (Defendant E and F) is too unhued and unfair.

2. Judgment on Defendant E

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to the Defendant’s assertion of mistake of facts, it is reasonable to view that the Defendant received KRW 100 million from the victim AS in total over ten times from September 4, 2011 to February 15, 2012, with the intent to obtain the victim by defraudation, by taking into account the following circumstances.

① On December 31, 2011, when concluding a stable rental agreement between E and AS, the remainder of the lease deposit, which was concluded verbally, was notified of the termination of the lease due to delay in the payment of remainder, and the amount paid from AS thereafter, was sold to AS around 2010.

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