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(영문) 전주지방법원 2018.07.05 2017노1801
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant misunderstanding the facts merely borrowed money equivalent to KRW 200 to KRW 30 million from the injured party, and is expected to have the injured party employed the aircraft.

There is no fact that deceiving 25,209,040 won from the damaged person.

B. The punishment of the lower court is too heavy.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the first instance court as to the assertion of mistake of fact, the lower court’s determination is just and acceptable. In so doing, it did not err by misapprehending the facts, thereby affecting the conclusion of the judgment.

1) The victim is from the investigative agency to the court of the trial of the party. “The Defendant is a member of the internal mother body, and the former member of the Do Council is a member of the Do Council.”

The Director-General of the Jeonju Facilities Management Corporation, and the director-general are well aware of the work in the Jeonju Facilities Management Corporation, so the victims' early car E may be employed for the above Corporation.

“In the end, the Defendant paid KRW 25,209,040 to the Defendant at least 21 times, and the victim’s female He took the burden, took the house, taken the house, and distributed to the head of the said Corporation, I, and J together with the Defendant.

“The statements are made specifically and consistently.”

2) The Defendant is seeking to be employed by the investigative agency in the EA facilities management corporation.

I think that the victim will be aware of the contractual position or fixed-term work.

After the horses, there was a fact that the former owner facility management corporation's P asks the former owner to inform the P of the employment information.

In addition, there are several occasions where “the injured party has received 200 to 300 million won from the injured party” or “the injured party has received clothes, sporess, spores, bear, spores, and spores, etc.

“In part, the statements were made consistent with the statements of the victim.”

3) The Defendant is aware of his employment in the Jeonju Facility Management Corporation as above.

(2) the victim.

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