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(영문) 서울중앙지방법원 2020.11.06 2020노1082

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (Defendant 1) 2018 Highest 4444 case (victim E) was aware of the victim’s identity through G and AP during the process of identifying a person who is awarded a subcontract from the Cheongju Sicking Factory under the direction of AV, and M Co., Ltd. (hereinafter “M”).

() Although it was true that the victim received KRW 50 million from the account, G and AP received a request to return the said money from G and AP, and there was no deception from the victim as stated in the criminal facts of the lower judgment. Although the lower court acknowledged the fact of deception based on G and AP’s statement, it is not reliable for the victim to make a statement. The victim was deposited into G account, but the victim was transferred to M account. M was a company operated by AV, not the Defendant, and the person using the said money was also G or AP, not the Defendant, but the Defendant used the said money. (2) The YY 2018 Godan7208 (victim P) case (hereinafter the Defendant used the said money) was removed from the outer fence of the Hongcheon Factory off fence of the Defendant, which was the Defendant, to issue the defect repair, and the Defendant was to introduce Q Q or Q 10 minutes to the extent of the victim.

The defendant did not receive 9.2 million won by deceiving the victim as stated in paragraph (2) of the facts constituting the crime in the judgment below.

AS, using the AS office of Q and AV, receives the above money as entertainment expenses from the victim and receives the money from the victim to the M account managed by AV.

3) The 2019 Godan16 case (the 3-A of the criminal facts in the judgment below of the court below) (the defendant, as stated in the 3-A of the victim T-A), had CH and V on the place where the AS was delivered due to the marriage of the AS, a punishment, and the defendant did not know the victim while making a name with him/her, and he/she did not know the fact that he/she was carrying over the AS only one name with him/her, and he/she did not receive this part of KRW 50 million from the victim. However, the 5-A of the defendant