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(영문) 서울중앙지방법원 2013.09.06 2013노2496

사기

Text

The judgment of the first instance shall be reversed.

The punishment of the accused shall be determined by ten months of imprisonment.

except that this judgment.

Reasons

1. The summary of the grounds for appeal is erroneous (1) (in relation to fraud against the victim F and G, it is consistent with the fact that the defendant received the purchase price of the shares from the above victims, but the defendant was also involved in the purchase of the shares of this case by deceiving D, and the defendant was also recommended to purchase the shares of this case in accordance with his own decision after the J met D with the introduction of the defendant, and the defendant did not belong to the above victims with the criminal intent of deceptiveation, and (2) in relation to the crime of fraud against the victim N and T, the above victims borrowed or invested money by being well aware of the financial situation of the defendant, and there was a financial or intent to repay to the defendant, but the defendant did not pay the money because the defendant did not have been paid with the intent of deceiving or acquiring the above victims, and therefore, the defendant did not receive the loan or investment money from the above victims).2.2. The judgment of the court of unfair sentencing on February 2.

A. (1) With respect to the assertion of mistake of facts, the appellate court shall make a decision on the first instance court solely on the ground that the first instance court's decision on the credibility of the statement made by a witness of the first instance is different from the appellate court's decision, in light of the contents of the first instance court's decision and the evidence duly examined in the first instance court, or that the first instance court's decision on the credibility of the statement made by a witness of the first instance is clearly erroneous in light of the evidence examination conducted by the first instance court and the evidence examination conducted by the first instance court until the closing of argument in the appellate court, unless there are exceptional circumstances where it is deemed that maintaining the first instance court's decision on the credibility of the statement made by the witness of the first instance is remarkably unfair.

참조조문