(영문) 서울동부지방법원 2015.11.26 2015노798

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(영문) 서울동부지방법원 2015.11.26 2015노798

사기

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The defendant's appeal is dismissed.

Each request of the applicant for compensation shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to mistake of facts ① The Defendant purchased a pawned article between the victim D and purchased it, and subsequently purchased it in fact through an agreement with the victim D, and deposited the amount of KRW 53 million with the victim D at any time, and the credit card was used together with the victim D, so there was no intention to commit fraud.

② In addition, with respect to the fraud of the victim E, the Defendant did not deceiving the victim E as if he were married, and was paying the money received from the victim E in the manner of returning the money, so there was no intention to commit fraud.

Nevertheless, the lower court found all of the charges guilty, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The two years and six months of imprisonment imposed by the court below on the defendant is too unreasonable.

2. Determination on the grounds for appeal

A. (1) In full view of the evidence duly admitted and examined, the court below held that the defendant would pay the interest on the money that the victim D received from the victim D out of the money received from the victim D as stated in the table I No. 1 in the judgment of the court below after compiling the following circumstances, i.e., the defendant would make him/her pay for the interest on the money that he/she received from the victim D out of the money received from the victim D, and for this purpose, he/she should purchase the pawned article, so the amount of the necessary fund is changed, and even if he/she used the money and credit card as listed in No. 2 in the table I No. 2 in the judgment of the court below, he/she used the amount equivalent to the money for the purpose other than the purchase of the used article

There is no specific material supporting the circumstance that the income accrued therefrom was used for the intended purpose.

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