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(영문) 의정부지방법원 2020.08.14 2019노2350
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding (Article 1 of the Criminal Act in the judgment of the original court) The Defendant did not know that the date and place stated in this part of the facts charged is not bearing the obligation of loans to the victim, nor did he conspired with C, B and the crime of fraud, and did not intend to commit fraud.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, the Defendant may fully recognize the criminal intent of deceiving the victim and deceiving the victim in collusion with B as stated in this part of the facts charged.

Therefore, the judgment of the court below is just and the defendant's assertion of mistake of facts is without merit.

E Benz S50L Vehicles (hereinafter “instant vehicle”) were transferred under the name of D Co., Ltd. (hereinafter “D”) on July 9, 2013. On July 10, 2013, a collateral security was established in F in the name of F amounting to KRW 28 million in the face value of claims to secure a loan obligation against F Co., Ltd. (hereinafter “F”).

(Evidence Records No. 243 to 246 pages). (b)

Around September 5, 2014, the victim drafted each letter of credit transaction with D and the letter of credit transaction with F to borrow KRW 24 million (No. 18 through 21 of the evidence record). On September 5, 2014, the victim set up a right to collateral security in the F amount of KRW 28.8 million on the instant vehicle in order to secure the victim’s loan obligations to F.

(Evidence Records No. 243 to 246 pages). (c)

D On September 2, 2014, F made a substitute payment of KRW 29,019,068 as C’s loan obligation to F, and on October 7, 2014, the amount of KRW 24 million deposited from F to the victim’s account in the victim’s name was transferred from F to D’s account on the same day.

Evidence No. 1, 129 pages, 2.

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