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(영문) 대전지방법원 2021.02.03 2019노2437
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant had no awareness of deceiving the victim by the words as stated in the facts charged; (b) the Defendant had the intent to commit the crime of defraudation, such as making partial repayment from the victim immediately after borrowing the money from the victim.

Even though it is difficult to see it, the judgment of the court below which found the Defendant guilty of the facts charged in this case on different premise is erroneous and adversely affected by the judgment.

2. Judgment on the grounds for appeal

A. The lower court also asserted that the Defendant was not guilty on the grounds for appeal, and the lower court, based on the facts and circumstances stated in its reasoning, rejected the Defendant’s appeal and found the Defendant guilty of the charges of this case on the grounds that the Defendant committed deception to the same effect as the entries in the facts charged, and that the intent of the defrauded can be sufficiently recognized.

B. Accordingly, although the court below requested the defendant to submit relevant data that can support his/her ability to repay over several occasions, the defendant neglected to submit the related data, such as non-appearance on the date of the fourth public trial at the court below, in light of the above circumstances and records, the judgment of the court below is just and it is justified in the judgment of the court below which found the defendant guilty of the facts charged of this case, and there is no error of law by misunderstanding the facts pointed out by the defendant.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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