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(영문) 서울중앙지방법원 2021.03.19 2020노580

사기

Text

Part 3, 4, 5, 6 of the judgment of the court below in the judgment of the court of first instance, and 2, 3 of the judgment below shall be reversed.

The defendant shall be sentenced to one year of imprisonment.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment with prison labor for the first time sentenced to the first instance judgment (for the crimes set forth in the holding Nos. 1 and 2, imprisonment with prison labor for the crimes set forth in the holding, No. 3, 4, 5, and 6) is too unreasonable.

B. The sentence sentenced to the second instance judgment (the second instance judgment) that sentenced to the second instance judgment (the second instance judgment) to the prosecutor (the imprisonment of 10 months) is too uneasible and unfair.

2) Defendant (A) misunderstanding the facts, (1) 2020 highest 281: The Defendant paid the victim a profit of 15% of the amount invested twice a month and paid the principal within three months.

There is no word “the victim”, and there was no intention to obtain money because he purchased the ship at the time of receiving money and prepared the fishery business, and some fishery products were imported.

(2) The 2020 Highest 2945 case: The Defendant would pay the victims an investment profit of 8% per month and guarantee the principal.

There is no word “......”

The victims of this case set the conditions of investment, such as investment return, etc., with those who paid money to the defendant, not the defendant, through the AZ. The victims are the AZ, not the defendant, but the defendant.

(2) Improper sentencing: The sentence sentenced to the second instance judgment (10 months of imprisonment) is too unreasonable.

(c)

3 The sentence (4 months of imprisonment) sentenced to the judgment of the court below 1) which sentenced to the three-way judgment of the court below (two-month appeal) shall be too unfluent and unfair.

2) Defendant (A) did not have committed deception against the victim.

(B) The sentence sentenced to KRW 3 (4 months of imprisonment) unfair sentencing is too unreasonable.

2. Determination

A. Ex officio determination (the part concerning the crime Nos. 3, 4, 5, 6, and 2, 3 of the judgment of the court below in the judgment of the court of first instance) is examined ex officio prior to the judgment of the court below on the grounds for appeal.

1) The judgment of the court below against the defendant was rendered separately, each appeal was filed, and this court decided to hold concurrent hearings of each appeal case. Each of the offenses against the 3, 4, 5, 6 and 2, 3 of the judgment of the court of first instance as to the judgment of the court below shall be punished.