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(영문) 수원지방법원 2020.12.10 2020노5338
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

Summary of Grounds for Appeal

A. misunderstanding of facts and misapprehension of legal principles, victim D, F, and H decided the investment of the instant case by the active solicitation of E, not the direct deception of the Defendant, and the Defendant did not notify the victims of false facts. Therefore, it cannot be deemed that the Defendant deceiving the victims.

In addition, since the defendant made efforts to faithfully perform the contract such as paying interest and principal to the victims after borrowing, the defendant did not have any intention to commit the crime of defraudation.

Nevertheless, the lower court found all of the charges of this case guilty. In so doing, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year and two months of imprisonment) is too unreasonable.

Judgment on mistake and misunderstanding of legal principles

A. The judgment of the court below asserted the same purport as the argument in the above grounds for appeal, and in full view of the following circumstances, the court below judged that even if the defendant received money from the victims, he did not have the ability to repay the principal or to pay the interest at the time the victims want, but did not have the ability to pay the interest, and the defendant's above act constitutes fraudulent act as stated in the crime of fraud. The defendant's act constitutes fraudulent act as stated in the crime of fraud, and the criminal intent of defraudation is also recognized, and found the defendant guilty of all the charges of this case.

(1) A victim E was introduced by the branch of a loan company as the president on March 2018, and the same year.

4. From February 2, the defendant was working in the office of the defendant, and the defendant was working in the office of the above victim, and where the defendant directly or in the surrounding people make an investment in money, he/she shall pay three-month interest, and the principal shall be one month.

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