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(영문) 서울중앙지방법원 2016.11.24 2016노3104

사기

Text

The prosecutor's appeal against the defendant A and the defendants' appeal are all dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor (an unreasonable sentencing in respect of Defendant A) sentenced by the lower court to the Defendant (one year of imprisonment) is too unhutiled and unfair.

B. As to Defendant A (1) misunderstanding of facts (A) fraud against Victim E (2015 Godan5709), the Defendant and T (G) decided to engage in a partnership business with the content that each party would purchase and sell a vinyl house, but sell each party’s shares. Accordingly, as stated in the pertinent criminal facts in the judgment below, T sold the share to the victim, and received the payment from the victim to T account, and thus, the Defendant did not participate in the above criminal act.

(B) As to each fraud against the victim I and R (2015da5709, 2015Gadan8142), the Defendant told the victims as stated in each of the pertinent criminal facts in the judgment below. However, the Defendant believed that the Defendant would be entitled to a right to move into an apartment house upon purchasing a vinyl house, and delivered KRW 30 million, excluding the introduction cost of KRW 50 million, and two million, excluding the introduction cost of KRW 2 million, among the money received from the victim I and the money received from the victim R, to the Defendant B.

(C) As to the fraud of the victim V (2015Gadan7790), the defendant stated in the facts of the crime in question as stated in the judgment of the court below. However, the defendant also introduced the defendant B with the belief that the defendant B may have the right to move into the apartment if he purchased a vinyl house, and he believed that the defendant B may have the right to move into the apartment house. TheO transferred the victim's talk to Q Q Q's account, and brought the defendant B out of which 34 million won was transferred from the victim to the account in Q's name, and only 1 million won was received as the introduction cost.

(D) Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, which found all of the facts charged in this case guilty.

(2) The lower court’s judgment on unreasonable sentencing.