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(영문) 서울중앙지방법원 2014.06.05 2013노4431

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

No. 1 to 36 of seized evidence.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (three years of imprisonment) is too unreasonable.

(A) The defendant asserts a mistake of facts as to the amount of fraud, but after the amendment of the indictment was made on the third trial of this Court, all of the aforementioned arguments for mistake of facts were withdrawn). Before the judgment on the grounds for appeal ex officio (revision of indictment) is made, the prosecutor examined the case ex officio prior to the judgment on the grounds for appeal, and 1-B of the facts charged against the defendant at the trial of the court [2013

The phrase “a total of 307,312,879 won over 123 occasions, as stated in the attached list Nos. 1 to 64-186 of the crime sight table,” and the phrase “a total of 264,932,930 won per 112 times as indicated in the attached list Nos. 1 to 64-69, 72-170, 180-186 of the crime sight table,” and the phrase “a total of 264,932,930 won per 12 times as indicated in the attached list.”

The phrase “as indicated in the attached Table 2 No. 1-67, all of the entries in the annexed Table 2, 618,671,821 won in total on 67 occasions,” which read as follows: “The portion equivalent to KRW 21,563,436 won in total on 39 occasions, such as the entries in the annexed Table 2, 7, 8, 10-18, 21, 23, 28, 28, 30, 32, 35, 39-45, 48, 49, 51, 54-57, 61-67, shall be deemed as follows: < Amended by Presidential Decree No. 20720, Mar. 2, 200>

In addition to the entries of No. 2, No. 68-162 in the annexed Table 2, 95 times every 95 times. The phrase “amounting to KRW 356,024,94” in the annexed Table 2, 70, 71, 73, 75-79, 81-86, 88, 89, 96, 97, 111-14, 114, 118, 124, 127, 130-132, 135, 138, 142-153 as shown in the annexed Table 2, 70, 71, 73, 75-7, 388,” and 3-A.

The phrase “as indicated in [Attachment 1-63] No. 1-63 and No. 2-67, all of the entries in [Attachment 1] and No. 1-67, the sum of KRW 306,215,277” in [Attachment 1-63] and 2-18, 21-23, 28, 30, 32, 35, 39-45, 48, 51-57, and 61-67, all of which are indicated in [Attachment 1-63] and attached Table 2-1-63, 209,106,892 won in total on 102 occasions as follows.

Of the ports, No. 1, 64-186 of the Schedule of Crimes and No. 2 of the List of Crimes.