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(영문) 인천지방법원 2020.05.22 2020노523
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) On December 4, 2017, 2017, the victim of misunderstanding of facts as to the second crime (the fraud of victim L) as indicated in the judgment of the court below claimed that the actual lender is AF and BI. The Defendant divided several installments of money transferred to the Defendant, and the sum of the transferred money by the victim L is KRW 286 million. However, the Defendant, while receiving money from the victim L, remitted KRW 85 million, which is a part of the money, to AE (AF division), again remitted the above KRW 85 million to AC. Since AC transferred the above KRW 85 million to the next victim L, the court below found the Defendant guilty of unjust sentencing since the Defendant should have deducted the above KRW 81 million from the total amount of damage, the court below found the Defendant guilty of the above KRW 85 million from the total amount of damage to the above KRW 85 million,000,0000,000,000,000 won, which was 85 million.

B. A prosecutor 1) misunderstanding of facts or misunderstanding of legal principles against the victim B (not guilty part) on January 24, 2014, in light of the fact that the Defendant received KRW 100 million from the victim B on January 24, 2014 from AE immediately after the transfer of the amount of KRW 100 million from the victim B to AE, but did not pay it to the victim B, and that AE made a statement that the Defendant paid KRW 100 million to the Defendant at the investigative agency, even though the Defendant did not pay KRW 100 million to the victim B up to now, the Defendant is recognized as a criminal intent of defraudation.

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