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(영문) 대전지방법원 2016.05.12 2015노3344
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although it was true that the Defendant was partly receiving money from the victim of the fact, it was not a donation made by the victim to help the Defendant, and it was not borrowed from the victim, there is no fact that the Defendant received KRW 20 million from the No. 5 and No. 6 in the list of crimes in the facts charged.

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

2. Determination

A. The lower court duly admitted and examined the following circumstances based on the evidence duly admitted and examined by the lower court: ① The victim appeared as a witness in the court of the lower court to the effect that “The victim was asked to lend a business fund from the Defendant, such as the statement in the list of crimes, or to request a loan from the Defendant for the agreed money for the use of the agreed money for assault; ② the investigative agency consistently stated the fact of damage to the same purport; ② the objective evidence such as the victim’s deposit transaction record certificate, etc. also supported the victim’s statement; ③ the Defendant issued a loan certificate to repay KRW 50 million to the victim on January 22, 2013; ④ the Defendant asserted that there was a relationship between the victim and the victim in which he/she operated a business in partnership with him/her; ④ the Defendant received data proving that he/she was in partnership with the victim; or the details of profits from packaging or the details of the operation of the goods in the name of the Defendant; and the Defendant did not receive any criminal investigation record from the victim at all.

It is reasonable to view it.

Therefore, the defendant's above assertion is without merit.

B. The fact that it is necessary to consider the equality with the case where the judgment has become final and conclusive, such as the crime of injury that has become final and conclusive.

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