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(영문) 서울고등법원 2018.06.07 2018노794
사기
Text

1. The judgment of the court below reversed the guilty portion against Defendant A.

Defendant

A shall be punished by imprisonment with prison labor for one year and six months.

Reasons

1. Summary of grounds for appeal;

A. The Defendants (unfair sentencing) each sentence sentenced by the lower court to the Defendants (two and half years of imprisonment, and four years of imprisonment) are too unreasonable, and the Defendant A and the defense counsel explicitly withdrawn the grounds of appeal except the unfair argument of sentencing on the second trial date of the first trial.

B. Prosecutor 1) In the event that Defendant A borrowed KRW 50 million from H on May 16, 2013 by mistake or misunderstanding of the legal doctrine (the fraud against Defendant A’s H), Defendant A had already been in excess of the obligation, and Defendant A had no intent or ability to repay the said borrowed amount.

2) Illegal sentencing (for the Defendants), each sentence sentenced by the lower court to the Defendants is too uneasible and unreasonable.

2. The part against Defendant A

A. Of the facts charged in the instant case, the lower court’s judgment on this part of the allegation of misunderstanding the Prosecutor’s misunderstanding of the facts or misapprehension of the legal doctrine as to Defendant A’s frauds with H (1) is doubtful as to whether Defendant A had an intent or ability to pay money at the time of borrowing money from H on May 16, 2013, but in full view of the facts and circumstances as indicated in its reasoning recognized in the record or inferred from the record, the lower court clearly perceived Defendant A’s financial status, etc. at the time of Defendant A’s lending of KRW 50 million from H around May 16, 2013.

There is no evidence to view that the evidence submitted by the prosecutor alone borrows money from H without the intention or ability of Defendant A to repay.

It is difficult to conclude it.

In light of the above, not guilty of this part of the facts charged was pronounced.

2) When examining the reasoning of the judgment of the court below in comparison with the evidence duly adopted and examined by the court below, the above judgment of the court below is just and acceptable (Evidence and evidence submitted by the prosecutor).

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