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(영문) 춘천지방법원 강릉지원 2018.04.12 2018노17
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the victim is deemed to have been unable to drive a bus by the defendant, and the defendant lent KRW 100 million to C on the condition that he/she takes office as the representative of the G Co., Ltd., and the defendant does not deceiving the victim to receive the money.

In fact, the person who uses the money and prepares a loan certificate is C, and the victim was aware that C uses the money for the full payment of the bonds.

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. 1) In full view of the facts and circumstances acknowledged by the lower court and the following circumstances admitted by the evidence duly admitted by the lower court, the Defendant conspired with C to deception the victim as stated in the facts charged, thereby deceiving the victim.

It is sufficient to accept the recognition.

① The Defendant asserted that C first borrowed KRW 100 million from the injured party in the course of investigation (see, e.g., Supreme Court Decision 200 million won) and reversed his statement to the effect that C first borrowed KRW 100 million from the injured party (see, e.g., Supreme Court Decision 200 million won, and 100 million won is the donation) on the condition that C’s bus engineer was retired from office and the Defendant was the president of the advertising company (Ga). The Defendant reversed his statement to the effect that C was donated from the injured party (see, e.g., Supreme Court Decision 200 million won, and 100 million won is the donation). The Defendant maintained the above donation claim at the lower court, and the victim borrowed KRW 100 million to C on the condition that C was present at the company G, and the victim was given 100 million to C on the condition that C did not mislead the injured party.

As such, the Defendant made a consistent statement concerning the circumstances during which 100 million won was paid by the injured party, and there is no credibility in the assertion.

(2) The injured party shall have one hundred million won from the time when the accused and C have lodged a complaint.

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