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(영문) 대전지방법원 2016.08.11 2016노302
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, the period of three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding ① The victims reversed the statement made by the investigative agency in relation to the name of lending money to the defendant, and the court of the court below did not have any statement about how the defendant specifically explained about the real estate and auction-related business, ② The victims directly obstructed the casino in Gangwon-do, ② the court of the court below testified that the defendant invested in gambling lending business, such as confirming the business that the defendant intends to operate, and ③ the defendant and the victims are long time and there is no reason to deceiving the victims of their investment title. In light of the fact that the defendant is not by deceiving the victims as stated in the facts charged of this case, but by soliciting the victims to invest in gambling lending business, the defendant was guilty of the facts charged of this case.

B. The punishment sentenced by the court below against the defendant (two years of imprisonment) is too unreasonable.

2. Judgment on the Defendant’s assertion of mistake of facts

A. The judgment of the court below and the defense counsel argued to the same effect as the grounds for appeal in the court below. The court below held that, in light of the facts acknowledged by the evidence duly adopted and investigated by the court below, the following circumstances, i.e., ① the victims consistently from the investigation agency to the court of the court below and consistently hear the same explanation as the above facts constituting the crime from the defendant, and lend the remaining defendants with the above money.

(2) The defendant shall receive each of the above money from the victims.

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