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(영문) 서울동부지방법원 2018.02.09 2017노1417

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In order to compensate for damages arising from the failure to reach an agreement with the defendant, the victim of the misunderstanding of facts and the legal principles allowed the defendant to collect the claims from the new world, a company with the third party debt.

Nevertheless, the court below erred by misunderstanding the facts charged or by misunderstanding the legal principles, which affected the conclusion of the judgment.

B. In light of the various sentencing conditions of this case, the sentence of 10 months sentenced by the court below to the defendant is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding the facts and misapprehension of the legal doctrine, the Defendant asserted the same purport in the lower court, and the lower court, based on the evidence duly admitted and investigated, agreed to allow the Defendant to collect the Defendant’s claim against the third debtor and the victim, taking into account the circumstances as indicated in its reasoning.

It is difficult to see that the criminal intent of deception and deception can be fully recognized.

The decision was determined.

In light of the above evidence, a thorough examination of the circumstances presented by the court below in light of the above evidence is just in rejecting the defendant's assertion based on such circumstances and finding the defendant guilty of this part of the charges, and there are errors as alleged by the defendant.

subsection (b) of this section.

Therefore, the defendant's mistake of facts and misapprehension of legal principles are without merit.

B. In light of the method of the crime of determining the illegal assertion of sentencing and the size of the amount of fraud, the Defendant’s liability is not less than that of the crime; however, there is no record of punishment for the same crime; the background and process of the occurrence of the crime in this case; there are circumstances to be taken into account; and the lower court deposited KRW 110 million at the lower court; and further made efforts to recover damage, such as deposit KRW 90 million at the lower court’s trial.