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(영문) 서울중앙지방법원 2017.02.09 2016노4124
사기
Text

All the judgment below against the Defendants is reversed.

Defendants shall be punished by imprisonment for eight months.

except that this judgment.

Reasons

1. Summary of the defendants' grounds for appeal

A. In other words, Defendant B merely introduced the victim to Defendant A and received money from the victim, and Defendant A made efforts to obtain a loan at a high price by requesting that money to another service provider. The Defendants did not deception the victim as stated in the facts charged or deception the victim.

(c)

The sentence of each court below against each of the improper defendants in sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. (1) As to the assertion of misunderstanding of the facts or misapprehension of the legal principles, the Defendants conspired with each other to acquire collateral from the bank by acquiring the loan-related experience and provide it as security and receive the loan. However, the Defendants received the total amount of KRW 200,000 from the Defendant’s bank account from July 29, 2014, including the transfer of KRW 200,000,000,000 from the Plaintiff to the Defendant’s bank account from July 28, 2014, which is operated by the Plaintiff F in Jung-gu Seoul Special Metropolitan City E-gu, for the purpose of acquiring the forest land in Gyeonggi-gu (hereinafter “the instant forest”).

(2) After compiling the evidence presented in the judgment below, the court below found the defendants guilty of the facts charged in this case, and held that although the defendants did not have experience in preventing work loans, the appraisal of forest land may be increased by voice, or the appearance of a corporation with credit and track record may be forged.

b) receive money in trust and good faith;

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