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(영문) 수원지방법원 2015.05.13 2015노899
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the crime of fraud on April 1, 201, 201, the Defendant believed and endorsed as a normal bill and received a discount, and there is no fact that the Defendant promised to recover the bill before the date on which payment was made to the victim. 2) In relation to the crime of fraud on September 26, 2013, the Defendant borrowed money from a general company operation fund, not from the money in relation to the Vietnam traffic improvement system construction project. At the time, the Defendant was planned to receive sufficient funds through the Silan Integrated Logistics Terminal, Inc., and the contract for financing and operation, so there was no intention to acquire the bill.

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles, the evidence duly adopted and examined at the court below on April 1, 201 as well as the following circumstances acknowledged by the evidence and the above evidence: ① the victim C and G present at the time of the crime of this part are identical to the victim C to the purport that the defendant would pay the above amount and recover the promissory note under the pretext of the discount on the face of the bill, and the above victim would pay the money before the date of the bill discount. ② However, the above promissory note was not received by the defendant as the price for the goods, but received the bill borrowed by D, and the defendant was paid the money under the pretext of the discount on the face of the bill. ② The above promissory note was not received by the defendant as the price for the goods, and the defendant immediately paid 15 million won out of 29 million won under the pretext of the discount on the bill received by the victim, ③ the defendant would also receive money before the date of the bill discount on the face of payment before the crime of this part.

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