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(영문) 서울중앙지방법원 2015.08.13 2015노513

사기

Text

The part of the judgment of the court below against Defendant B, excluding the application for compensation order, shall be reversed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) misunderstanding of facts and misunderstanding of legal principles are merely arranging a contract to receive money necessary for sexual surgery from a lending company by the victims stated in the facts charged, and there is no fact of deceiving victims to obtain money.

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

B. As to the fraud related to the vehicle security loan, Defendant B (1) was aware of the fact that each of the instant vehicles offered as security by Defendant B was not leased by the said Defendant, but acquired as security. As to the fraud related to the vehicle security loan, V and CJ had already known that all of the instant vehicles were to have been used as security.

Therefore, the above defendant did not have the intention to commit the crime of defraudation.

(2) The lower court’s sentencing (two years of imprisonment) is too unreasonable.

C. In light of the following: (a) misunderstanding of facts and misunderstanding of legal principles as to Defendant B (hereinafter “Defendant B”); (b) Defendant A’s statement and Defendant B’s lending of the account to the upper accused and managing money; and (c) Defendant B conspired with the upper accused or obtained money from the victims solely on this part of the charges.

Nevertheless, the judgment of the court below that found Defendant B not guilty of the facts charged in this part of the fraud is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

(2) The lower court’s sentencing (two years of imprisonment) is too unjustifiable and unfair.

2. Ex officio determination (Changes in Part B of the indictment) of Defendant B and the Prosecutor’s grounds for appeal are examined ex officio prior to the judgment on each of the grounds for appeal by the Defendant B and the Prosecutor, and the Prosecutor’s Act on the Aggravated Punishment, etc. of Specific Crimes, “violation of the Act on the Aggravated Punishment, etc. of Specific Crimes,” which is the name of the