beta
(영문) 서울남부지방법원 2018.11.20 2018노868

사기

Text

The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

1. Summary of grounds for appeal;

A. In light of the facts charged by the Defendant, the lower court’s punishment (two years of imprisonment) is too unreasonable in light of the following: (a) it reflects the mistake while recognizing the facts charged by the Defendant; (b) it is not planned fraud; (c) there is no benefit accrued to the Defendant; (d) there is no family member to support; and (e) there is no good health.

B. Prosecutor 1) 1) of the part not guilty of the facts as to each of the facts as to the verdict of innocence 1) [2017 order 4260] of the part not guilty (the part not guilty of the crime No. 1) of the part not guilty of the defendant's second 18 through 20th 20 attached crime list (the part not guilty of the crime No. 1) demanded the defendant directly to acquire the money recorded in the above order, so it is highly reliable of the victim's statement that the defendant is included in the facts of the complaint of this case separate from W, and even if the defendant directly induces the victim, W appears to have operated the business as part of the defendant's part of the defendant's statement, the victim and W's statement, and at least it is sufficiently recognized that the defendant and W conspired to operate the restaurant operation business at the above construction site.

B) Of [2018 senior group 175] Other part of 2018 senior group 175, the victims of the non-guilty part related to the fraud related to the restaurant expenses (the second non-guilty part) stated that they are the defendants who demanded money to have the right to operate the restaurant. W was transferred money to the account in the name of AA in the name of the defendant's wife because he did not receive five minutes of money and did not transfer money again to the account in the name of the defendant's wife G.

In full view of the facts stated in the statement, it is evident that the defendant and W have operated the restaurant operation business as well as the above construction site, so the defendant and W have committed a crime of fraud as to the part stated in the facts charged.