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(영문) 서울북부지방법원 2020.01.07 2019노1255

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) As to the facts constituting an offense of 2019 Godan861 as indicated in the judgment of the court below, the Defendant did not misrepresent himself/herself as the attorney-at-law to the victim. 2) As to the facts constituting an offense of 2019 Godan1405 as indicated in the judgment of the court below, the Defendant merely borrowed 5 million won from the victim, and did not defraud 5 million won as

B. The lower court’s sentence on the Defendant is too unreasonable.

2. Determination on the grounds for appeal

A. As to the assertion of mistake of facts and misapprehension of legal principles in the judgment of the court below, the following circumstances acknowledged by the evidence duly examined by the court below as follows: ① the victim E was introduced as an attorney-at-law, and the defendant also intended to take charge of civil litigation by having himself/herself as an attorney-at-law, so he/she was not a lawyer-at-law, and he/she was consulted with the defendant, and then again was consulted with the N attorney-at-law office after he/she was consulted with the defendant. The defendant knew that he/she was consulted with the N Attorney-at-law office, and was allowed to take charge of the case." The defendant was sent the case to the N Attorney-at-law office. However, the defendant was sent with the process of the case, the progress of the case, and the conversation between the defendant and the defendant during the process, etc., and the victim was given a considerable and consistent statement with the victim's statement that he/she had no other motive to pay 65 million won or more to the defendant."