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(영문) 광주지방법원 2014.05.01 2013노2157
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Fraud against the victim C related to the restoration of insurance in the name of D is due to the fact that the Defendant was unable to repay the borrowed money to the said victim, and that the Defendant did not have any criminal intent to acquire money, such as lending money to the said victim, from March 2006 to July 2010.

B) On June 25, 2010, the Defendant: (a) committed fraud against the victim C related to the restoration of G insurance in the name of G, that the Defendant was unable to repay the borrowed money to the said victim; (b) on the ground that the Defendant’s failure to repay the borrowed money to the said victim was due to the fact that G borrowed money but G had cancelled it; (c) the Defendant had no criminal intent to commit fraud; (d) prior to the example, the Defendant took out the insurance proceeds in C’s name; and (c) the instant case also took out the insurance proceeds in C’s name with the consent of C with the consent of C; and (d) there was no deception; (d) the Defendant prepared an application for mobile phone purchase with the consent of I and obtained a new bank under the name of I; and therefore, (c) the preparation and exercise of the said application by the Defendant did not constitute the forgery of private documents and the use of the above investigation documents, and did not constitute fraud and the use of the said credit card to the said victim’s assertion that the Defendant received the borrowed money from the said victim.

2) The lower court’s sentence of unreasonable sentencing (two years of imprisonment).

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