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(영문) 서울서부지방법원 2017.08.31 2017노729
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was guilty of the facts charged in the instant case by misunderstanding the facts, without any fact of deception as stated in the facts charged, and there was no criminal intent to acquire by deception.

B. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the court below based on the evidence duly adopted and investigated by the court below as follows: ① the defendant was insolvent at the time of receiving money from the victims, such as filing an application for personal rehabilitation; ② the defendant borrowed money from the victims with the intent to repay the victims without any mold; ③ the defendant used the money received from the victims as illegal Internet gambling funds or used the money in repayment of other borrowed money; ④ the victims failed to repay most of the money so far; ④ the victims could have known that the defendant used the money borrowed from the victims as illegal online gambling funds; ⑤ The defendant could have not lent money to the defendant if he knew that he would have used the money borrowed from the victims as illegal online gambling funds; ⑤ The defendant was led to the confession of all the facts charged in this case at the court below, as stated in the facts charged in this case, it can be recognized that the defendant obtained a total of KRW 188 and KRW 5100,000 from the victims and that the defendant had a criminal intent to obtain money, and thus, the defendant's assertion that there is no merit.

B. It is recognized that the Defendant’s wrongful determination of the sentencing is against his/her own mistake, and only two times before and after the fine of this species, etc.

However, the instant crime was committed by the Defendant with a lot of money from the nearest workplace rent, etc., and the victims were replaced by gambling funds.

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