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(영문) 서울서부지방법원 2020.02.13 2019노1581
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (six months of imprisonment) against the Defendant is too unreasonable.

B. A prosecutor 1) misunderstanding of facts (the fraud against the victim B) stated that when the victim lent KRW 9 million to the defendant, the defendant provided that "the defendant would have taken over a hyd vehicle so that he would provide it as a security", and since there is sufficient credibility in the victim's above statement, it is recognized that the defendant obtained 9 million won by deceiving the victim as a loan borrowed money. Nevertheless, the court below erred by misapprehending the facts, which determined that the defendant could not be deemed to have taken the victim or had the criminal intent to acquire by deception, and that the defendant was not guilty. 2) The court below's punishment against the defendant is unfair because it is too unfeasible.

2. Determination

A. Determination of the Prosecutor’s argument of mistake of facts (the fraud against the Victim B) 1) The facts charged are as follows: (a) the Defendant was at the Crenca office operated by the Defendant on October 2017 in Mapo-gu Seoul, and (b) the Defendant was not willing or ability to repay money from the Victim B even if borrowing money from the Victim B; (c) the Defendant was offered as security to the victim.

The phrase, “Adid vehicle shall be the vehicle taken over in Fenek, and the vehicle shall be the vehicle transferred in Fenek, and the vehicle shall be lent in 20 million won to Adid vehicle as security, and the principal shall be paid by March 27, 2018,” on the ground that it was false from the victim that “Adid vehicle shall be paid in two copies per month, and the principal shall be repaid by March 27, 2018.” The phrase, “Adid vehicle shall be paid in 9 million won in the Defendant’s account as a loan from the victim around October 27, 2017.”

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