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(영문) 부산지방법원 2017.04.28 2016노4889
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. The Defendants did not deceiving the victim and did not have the intent to commit fraud.

B. The sentence of the lower court (Defendant A: a fine of KRW 2 million, Defendant B: a fine of KRW 700,000) is too unreasonable.

2. Determination

A. In full view of the following circumstances that can be known by the evidence duly adopted and investigated by the court below concerning the misunderstanding of facts, the defendants can recognize the fact of deceiving the victim by deceiving the victim, and the criminal intent of deceiving the defendants is also recognized.

Therefore, the Defendants’ assertion of factual mistake is without merit.

① The Defendants did not have the means to pay the victim directly at the investigative agency.

It was recognized that Defendant A did not have capital, and real estate that Defendant B provided as security to the victim was actually not worth as security.

② Defendant A made a statement to the effect that “The Defendant supplied 200 U.S. Y to YYYYYYYYYYYYYY YYYYYYYYY YYYY YYY YY YYY YY YYY YYY YYYY YYY YYY YY YYY YY YY YYY YY YYY YYY YYY YY YY YYY YYY YYY YY YY YY YYY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY YY Y

3. The Defendants borrowed KRW 10,00,00 from the victim’s loaning expenses to China, and used this in air tickets, water purifiers sampling and cosmetics purchase and cosmetics, and sojourn expenses in China.

First of all, 3 million won of the above money was used by Defendant B for the repayment of its obligations (Evidence No. 96, 115 of the evidence record).

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