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(영문) 서울북부지방법원 2019.05.30 2018노2348

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Of the facts charged in the instant case, the fraud against Q.

Reasons

1. Summary of grounds for appeal;

A. Error of fact-finding 1) On September 2016, 2016, the defrauded B, Inc., Ltd. (hereinafter “D”).

(2) On January 1, 2016, the court below found the Defendant guilty on the part of the Defendant, on the part of the Defendant: (a) around November 2016, the Defendant introduced COCO to the victim who engages in the business of importing a pseudonymous product; and (b) the Defendant did not deceive B as stated in the facts charged. In addition, the amount transferred to the F account was distributed to V, F, etc.; and (c) the Defendant did not acquire the said money. Nevertheless, the court below found the Defendant guilty of the Defendant by deceiving the victim, and rendered a judgment of conviction against the Defendant.

The defendant was trying to conduct a compilation shop through the CO, and the victim was investing only part of the investment funds that he promised in the beginning, so it was not operated a editing shop, and it is not by deceiving the victim, but by deceiving the money.

Nevertheless, the court below found the defendant guilty by deceiving the victim by deceiving him/her, and the court below erred by misapprehending the fact.

3 The criminal defendant against Q and R was engaged in activities as the audit of the victims and the corporation established by CH, and did not deceiving the victims as stated in the facts charged.

Nevertheless, the court below found the defendant guilty by deceiving the victims of money, and found the defendant guilty. The court below erred by misapprehending the facts.

B. The lower court’s sentence on the Defendant is too unreasonable.

2. Before determining the grounds for appeal ex officio, we examine ex officio the reasons for appeal, and 4,250,000 won from the above V’s account under the same name as around March 16, 2017 among the third part of the facts charged in the trial at the trial.