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(영문) 제주지방법원 2017.04.13 2016노507
사기
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In fact, the Defendant did not intend to acquire the money at the time of receiving the said money from the victim Y Co., Ltd. at the time of receiving the said money. The Defendant did not intend to acquire the money at the time of borrowing KRW 9 million from the victim K.

Nevertheless, the judgment of the court below which found the Defendant guilty of each of the facts charged of this case is erroneous.

2) The sentence of the lower court’s unfair sentencing (six months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service order) is too unreasonable.

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

2. Determination

A. As to the Defendant’s assertion of misunderstanding of the facts, the Defendant asserted that this part of the appeal was the same as the grounds for appeal, and the lower court rejected the Defendant’s assertion as follows: “Judgment on the Defendant and the defense counsel’s assertion”.

“The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, i.e., (i) the Defendant was supplied with credit at the end of July, 2014 with the victim’s nives nives nives nives nives nives nives nives nives nives nives nives nives nives nives nives nives nives nives nives nives nives nives nives nives nives nives nives nives nives nives nives nives nives nives nives nives nives nives nives nives nives nives nives nives nives nives nives nives.

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