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(영문) 서울남부지방법원 2020.02.20 2019노1845

사기등

Text

The judgment below

The remainder, excluding the rejection of an order for compensation and an application for compensation, shall be reversed.

Reasons

1. The lower court’s judgment within the scope of adjudication in this Court: (a) partially accepted the application for compensation filed by C and dismissed the remainder; (b) an applicant for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings; and (c) thus,

2. Summary of grounds for appeal;

A. Defendant 1) In relation to the crime of fraud against Q of misunderstanding of facts, Defendant 1 did not receive KRW 25 million from the above victim on January 28, 2019, but did not have participated in the above crime. Nevertheless, the lower court’s judgment convicting the above part of the charges was erroneous in misunderstanding of facts. 2) The sentence (one year of imprisonment) sentenced by the lower court of unreasonable sentencing is too unreasonable.

B. Prosecutor 1) In the case of items 1 through 3 which have been mistakenly confiscated, the court below's failure to render a sentence of confiscation is erroneous in misunderstanding of facts. 2) The sentence of imprisonment (four years of imprisonment) sentenced by the court below is too uncomfortable and unfair.

3. The prosecutor held that the facts charged in the indictment No. 2019Kadan3192 of Seoul Southern District Court 2019DaMa3192 stated in the facts charged at the trial that “the employee in charge of scaming his name is false to inspect the victim Q Q on or around January 28, 2019, and that “the withdrawal and delivery of cash shall be made to prove that his name was stolen and used in an illegal day,” and that “the victim may withdraw and deliver cash in order to prove that he was the victim because his name was stolen.” After receiving KRW 25 million from the victim, the victim continued to have “the victim may escape from the suspicion of having to withdraw and deliver cash after making an additional inquiry,” and the victim got the victim to withdraw money at a designated place.

The defendant around 14:45 on January 30, 2019, from the victim in front of the AS way U in Ansan-si, according to the direction of the officers in charge of the above names.