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(영문) 춘천지방법원 강릉지원 2015.09.03 2015노291

사기

Text

The judgment of the court below is reversed.

Defendant

B As to the crime No. 1 in its holding, each crime of fine of KRW 6,00,00,000, as set forth in its holding.

Reasons

1. Summary of grounds for appeal;

A. In light of the misunderstanding of facts I and Y's statements, etc., the court below's decision that held that although the defendants conspired in collusion with the victim J as stated in paragraph (1) of the crime in the decision of the court below, they could be recognized that the victim's deceptions the victim J, thereby deceiving the victim of KRW 150 million, it constitutes a case where there is no proof of crime with regard to the victim's 20 million paid to I, there is an error of law that affected the conclusion of the judgment by misunderstanding the facts, which affected the conclusion of the judgment.

B. The punishment sentenced by the court below to the above defendants A and B is too unreasonable.

2. Regarding the prosecutor's assertion of mistake of facts

A. Of the facts charged in the instant case, Defendant A, B, and C, in collusion with N in order to induce the victim J as stated in paragraph (1) of the facts constituting the crime in the lower judgment, and received KRW 100 million from the victim under the name of G Co., Ltd. (hereinafter “G”), as the contract deposit, to receive KRW 30 million from the Defendant A’s account, and to deliver KRW 20 million in cash to Defendant I, thereby obtaining KRW 150 million in total.

B. The lower court stated to the effect that I borrowed KRW 130 million from the Y side on the third trial of the lower court, separately from the amount of KRW 130 million paid to the Defendants on the third trial of the lower court, and Y stated that I would prepare for KRW 150 million as a contract bond during the sixth trial of the lower court, and that I lent KRW 20 million from the victim on the place where there is no Defendants. The lower court stated that I lent these I, Y’s testimony and subcontract contract entered into between H and H Co., Ltd. is a contract bond.