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(영문) 전주지방법원 2013.09.13 2013노552
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant not guilty of the fraud of the victim E among the facts charged in the instant case, since the defendant had no ability to repay the loan of this case at the time when the victim E received the loan of this case from the victim E, and recognized the fact that the defendant acquired the loan of this case by deceiving the victim like the facts charged.

B. In light of all the sentencing conditions on the sentencing of unfair sentencing, the sentence of the lower court (the fine of KRW 500,000) is too uneased and unreasonable.

2. Determination on the grounds for appeal

A. 1) Of the facts charged in this case, the defendant had a debt of approximately KRW 10 million to the bonds company while working as a multi-party employee of Kda, and even if he borrowed money from the victim E due to the fact that he received approximately KRW 21 million from the above multi-party loan, he did not have an intention or ability to repay it. Nevertheless, on October 29, 2008, the defendant knew of the five-story number of Mael L in the Daejeon-gu Daejeon-gu Daejeon-gu L, where he could not know about the five-story number of the five-story number of the above victims, "the above victim will pay interest of KRW 10,00,00 and KRW 20,000 as 20,000,000 as 20,000,000, 201, 201, 200, 200, 200, 201, 200, 200, 200, 2008.

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