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(영문) 서울북부지방법원 2018.06.29 2018노66
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Comprehensively taking account of the following circumstances, the Defendant committed deception, or had the intent to commit fraud against the Defendant at the time of the next use.

Although it is difficult to see it, the lower court erred by misapprehending the fact, thereby pronounced guilty against the Defendant.

At the time, the defendant explained that the defendant's father was in a probalm, and that the hospital expenses is economically difficult, and borrowed money to the victim.

The victim knew that there was a lack of hospital expenses, etc., and therefore, he borrowed money without any interest agreement or due date agreement.

On November 1, 2013, the Defendant had already known his father’s death to the customers, including the victim, before borrowing money from the Defendant around November 1, 2013, and the victim had already known his father’s death.

Although the Defendant had a debt equivalent to KRW 40 million at the time of borrowing money, the Defendant was raising an income equivalent to KRW 100 to KRW 20 million per month while working as an architect of Samsung Fire Insurance.

B. The sentence of the lower court that is unfair in sentencing (one million won in penalty) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. A summary of the facts charged 1) On May 25, 2013, the Defendant, on May 25, 2013, committed fraud, from Driart located in the Gangwon-si, Gangwon-gu, on May 25, 2013, to the victim E, “The father has to be treated as liver cancer, and a simple consciousness should be posted.

In that sense, there is no simple hospital expenses, so far as it is different, it will be paid in monthly pay.

If the payment is not made, the false statement was made that the transaction details will be reported.

However, in fact, the Defendant intended to receive money from the injured party and use the money for personal purposes, such as living expenses, etc., and the Defendant had to pay approximately KRW 40 million to the lending company, including the borrowed money from the lending company, etc. at the time, and to pay approximately KRW 40-6 million interest per month to the lending company.

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