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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2016.12.15 2016노3988
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error and misunderstanding of legal principles) did not repay each of the loans in this case, and the defendant did not have the intent or ability to repay the above money at the time of borrowing it.

The court below acquitted the charged facts of this case. The court below erred by misunderstanding the facts and misapprehending the legal principles, which affected the conclusion of the judgment.

2. On November 12, 2007, the court below determined that the Defendant was not guilty of the money in question on October 31, 2008, KRW 20 million on or around October 31, 2008, KRW 40 million on or around October 31, 2008, KRW 10 million on or around October 16, 2009, KRW 10 million on or around December 17, 2009, the following facts charged were insufficient to conclude that the Defendant was not guilty of the money in question on or around December 17, 2009, KRW 20 million on or around December 17, 2009.

In addition to the following circumstances, a thorough examination of the records of this case in addition to the reasons for the judgment of innocence as stated by the court below, the judgment of the court below is just and acceptable, and the evidence submitted by the prosecutor alone is not enough to prove that the facts charged of this case is beyond reasonable doubt.

The prosecutor's assertion of mistake and misapprehension of legal principles is without merit.

(1) A lawsuit seeking the payment of a loan against the Defendant was filed and judgment in favor of the Defendant ordering the payment of KRW 510 million and damages for delay was rendered.

(C) On October 10, 2013, the Defendant and I shall pay for the following: (a) the amount of KRW 510 million was determined on October 30, 2013; and (b) the amount of KRW 510 million was determined on October 30, 2013; (c) however, the amount of KRW 510 million was determined on July 26, 2010 by:

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