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(영문) 광주지방법원 2015.06.18 2015노581

사기

Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

The punishment of the accused shall be determined by a year of imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Since misunderstanding of facts (Paragraph 1 of fraud) victim D is a defendant's bad credit standing and invested in full knowing that it is difficult to conduct economic circumstances, there is no fact that the defendant deceivings the victim D.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the records show that the defendant was sentenced to 10 months of imprisonment on June 25, 2008 by violating the Seafarers' Act, fraud, etc. at the wooden Branch of the Gwangju District Court on January 22, 2009, and completed the execution of the sentence on January 22, 2009, and each fraud committed against the victim D, C, and B may be recognized as facts committed by the defendant within 3 years after the execution date of the sentence was completed. As such, each fraud committed against Article 1, 2, and 3 of the judgment constitutes a repeated offense and is subject to aggravation of repeated offense as prescribed in Article 35 of the Criminal Act, the judgment of the court below did not err by omitting this, and thus, the judgment below was no longer maintained.

However, the judgment of the court below has such reasons for ex officio reversal.

Even if the defendant's assertion of mistake is still subject to the judgment of this court, it is examined.

3. Comprehensively taking account of the following facts admitted by the lower court and the evidence duly admitted and examined by the lower court as to the Defendant’s assertion of mistake of facts, the fact that the Defendant deceivingd the victim D as stated in paragraph (1) of the facts charged and acquired money can be recognized. A.

Victim D consistently makes the defendant punished a big amount of money for maritime transportation business in the investigative agency and the court of the trial.

Since aggregate is loaded in the Bagn and the area of Jindo-do is immediate, it is possible to divide profits with it and to recover the principal, and the defendant is the bad credit holder.