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(영문) 서울고등법원 2016.12.06 2016노2652

사기등

Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment with prison labor for one year for the crime No. 4 of the decision of the first instance, and remainder.

Reasons

Summary of Grounds for Appeal

As to the fraud part of the first instance court's decision (2016No2652), the Defendant received money from the victim in relation to the fraud part of the first instance court's decision (2016No2652). However, it is limited to the Defendant's receipt of land purchase price from the victim to cut off the land on the loan limit with the victim who had been in a relationship with the victim at the time, and

With respect to the rape part of Paragraph 2 of the judgment below, the Defendant had sexual intercourses under the agreement with the victim on August 20, 2013, and did not have sexual intercourses with the victim on March 2014.

In relation to the larceny part of paragraph (3) of the judgment of the court below, the defendant only received the victim's gift as gift from the victim with the consent of the victim, and did not cause any other precious metals.

With respect to the part concerning the fraud of paragraph 4 of the judgment below, 27.6 million won was used under the name of the victim for the first anniversary of the first anniversary of the 1st anniversary of the 1st anniversary of the 1st anniversary of the North Korean Buddhist Cho Jong-sung in Korea, and 150 million won was granted by the victim himself for the construction of the temple to be residing together with the defendant. Thus, the defendant did not deceiving the victim.

In relation to the fraud of Paragraph 5 of the decision of the court below, only there is a fact that the victim has lent money to the defendant as security, but did not acquire the victim's vehicle.

The sentence imposed by the court below on the defendant (one year of imprisonment with prison labor for the crimes of No. 4 on the market, and for the crimes of No. 1 through No. 3, 5 or 7 on the decision) is too unreasonable.

Prosecutor - The sentence imposed by the court below on the defendant is too uneasible and unfair.

The second instance case (2016No2988) - Defendant’s mental and physical disorder was in a state of mental disorder under the influence of alcohol at the time of committing an offense.

The sentence of imprisonment (eight months of imprisonment) imposed by the court below on the defendant is too unreasonable.

The judgment of the court below in 1 and 2 on the defendant's ex officio determination is respectively.