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(영문) 광주지방법원 2017.09.27 2017노451

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, through G, has not received KRW 6.5 million from September 9, 2015, the amount of KRW 5.7 million from September 19, 2015, the amount of KRW 5.7 million from September 25, 2015, and KRW 1 million from September 25, 2015, as indicated in the List of Attached Crimes Nos. 5,6,9, and 16.7 million from among the amounts listed in the List of Attached Crimes Nos. 5,6,9, and 1.7 million from among the amounts listed in the List of Attached Crimes Nos. 5,6,9, and 1.7 million from among the amounts borrowed individually from G, the lower court convicted the Defendant of all these facts charged. The lower court erred by misapprehending all of the facts charged.

2) The lower court’s improper sentencing is too unreasonable.

B. The lower court’s sentencing is too uncomfortable.

2. Determination

A. The judgment of the court below 1) The defendant's assertion of mistake of facts is sufficiently recognized in light of the following circumstances, which are recognized by comprehensively taking account of the adopted evidence, the fact that the defendant obtained from the injured party each of the money listed in 5, 6, 9, and 100,000 won and 11, 12, and 14 out of the annual amounts listed in the list of crimes attached to the annexed crime list and the amount listed in 7.7.

The decision was determined.

① At an investigative agency and court of the court below, G, and H provide the Defendant with each of the money listed in the list of crimes in annexed hereto, and the background leading up to and after the issuance of the Defendant’s speech and behavior. Each of the victim, G, and H’s statements complies with the statements in the reply note regarding the submission order of documents, and any other circumstance exists that the falsity of each of the above statements is opened. Thus, each of the above statements is credibility.

I would like to say.

(2) H’s accounting manager of F Co., Ltd. shall keep and manage the receipts and disbursements of cash owned by the F Co., Ltd. and financial accounts of F Co., Ltd. every day in the book of temporary reporting and cash receipts and disbursements.