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(영문) 의정부지방법원 2016.01.19 2015노239
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In light of the following circumstances, Defendant 1 did not deceiving the victim in light of the mistake of facts or the legal doctrine, and there was no intention or capacity of the Defendant to commit fraud.

A) A person who borrowed KRW 48 million from G, not the victim, but the defendant C, as the victim did not borrow money by stating that he would have the apartment owned by the defendant as the whole, but the defendant and the victim need to pay money to the extent that they are needed to use money from the bond company as the security of the victim's deposit. Since the defendant agreed to pay the above money, the defendant could not repay it due to financial standing, etc. (Article 2 (c) of the facts constituting the crime in the judgment below) although he borrowed KRW 35 million from the damaged person, the defendant would have the victim look at the amount of money in the RR apartment (Article 3 (2) of the facts constituting the crime in the judgment below). The punishment of the court below (Article 10 (1) 2 of the punishment of imprisonment with prison labor and 2 (2) of the suspended execution) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Judgment on the Defendant’s misunderstanding of facts or misapprehension of legal principles

A. Comprehensively taking into account the following facts or circumstances that can be recognized by the evidence duly admitted and investigated by the court below, the defendant could fully recognize the fact that the defendant deceivings the victim as stated in the facts of the crime in the judgment below, thereby deceiving the victim.

1) The victim of the crime No. 1 of the judgment of the court below related to the crime No. 1 of the court below) stated in the investigation agency and the court of the court below that "the defendant is required to have a real estate office in carrying out the apartment project, and to have four offices borrowed money from G."

In addition, as the L borrowed money from G, there is a need to obtain the office before the office is obtained.

J(X) will make efforts to obtain loans from the Military Mutual Aid Association in order to raise funds of this PF.

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