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(영문) 울산지방법원 2018.04.13 2017노1617

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the judgment of the court below which erred in the misunderstanding of facts and legal principles, with regard to the fraud against the victim AJ No. 1762, the above victim is an accomplice who has conspired to commit the crime of fraud and did not deceiving him/her [it is alleged that there was no deception by the above victim as to the fraud against the victim P, No. 173 of the judgment of the court below, but the defendant and his/her defense counsel explicitly withdrawn the above argument of mistake and stated that all the above facts charged are recognized at the third trial date of the trial of the court of the first instance, so the above argument cannot be a legitimate ground for appeal, and even if this is examined ex officio, it is sufficiently recognized that the defendant deceiving P to obtain pecuniary advantage equivalent to the lease cost, such as the facts charged, and therefore, the judgment of the court below erred in the misapprehension of facts alleged by the defendant.

b. The lower court’s sentence against an unfair defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. The lower court found the Defendant guilty of the instant facts charged on the ground that the Defendant’s deception, the victim’s act of disposal, and the relationship with the acquisition of pecuniary gain by taking account of the evidence such as the victim’s statement, etc. is recognized.

B. The following circumstances, which can be acknowledged by the judgment of the court below and the evidence duly adopted and investigated by the court below, namely, the defendant, by deceiving the victims of this case, to take office at the representative director of L, Z, AH, AH, AM, M, P, and AG, and by obtaining credit cards under the name of the victims of this case at his own discretion or receiving loans. In the process, if the victim AJ has lent the name of the representative director even to the victim AJ, the amount of imprisonment with prison labor for not more than 10 billion won shall be granted to the bank in the name of the company, and the amount of imprisonment with prison labor for default shall be three years.