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(영문) 대전고등법원 (청주) 2017.11.16 2017노124
강도상해등
Text

The judgment below

Among the guilty parts (excluding the part of the application for compensation) and the acquitted part, the fraud against the victim F.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In the process of misunderstanding the facts or misunderstanding the legal principles (as to the guilty portion), the Defendant brought the vinyl of this case to Hahn Hah 2016, and did not have the intent to obtain the vinyl of this case. Defendant was in the process of bringing the vinyl of this case to Hah Hah Hah, while taking the vinyl of this case into custody.

Even if the defendant did not have any intention to acquire illegal property, it cannot be viewed as a assault to resist the recovery of property and to evade arrest.

B) In light of the fact that the Defendant committed fraud against the Victim P and Q (criminal facts stated in the lower judgment) (Article 2016, 240, 2016, 240, hereinafter referred to as “the Defendant”) and most of the loans borrowed real estate as security against V were paid to the victims or disbursed to the victims for the relevant expenses of the instant case, not personal consumption, and the Defendant was unable to pay intermediate payments and remainder due to unexpected changes in circumstances, there was a criminal intent of deceiving or deceiving the victims.

shall not be deemed to exist.

2) The sentence of the lower court’s unfair sentencing (three years and six months of imprisonment) is too unreasonable.

B. A prosecutor 1) misunderstanding the facts or misunderstanding the legal principles (as to the acquittal portion), and misunderstanding the fact that the Defendant was aware that the victim L is able to knife the bit of the bit of the bit of the bit of the bit of the bit of the bit of the bit of the bit of the bit of the bit of the bit of the bit of the bit of the bit of the bit of the AJ, thereby causing the victim

B) In light of the Defendant’s financial ability, debt status, details of use of investment funds, etc., the Defendant did not have any intent or ability to pay the principal of investment or profit to the victim E by developing or disposing of A Q real estate at the time of receiving investment funds from the victim E.

C) The Defendant’s financial resources, financial standing, and investment amount to the Defendant’s fraud against the Victim F.

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