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(영문) 창원지방법원 2015.06.18 2015노49

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor asserts that the judgment of the court below acquitted the defendant on the ground that the evidence submitted by the prosecutor alone cannot be deemed to have been proven to the extent that there is no reasonable doubt as to the facts charged, and that there is an error of law that affected the conclusion of the judgment by misunderstanding the fact that the defendant, as in this part of the facts charged, was taken into account by deceiving the complainant E and joining the successful bid system operated by E, as in this part of the facts charged, and that the amount of KRW 12.2 million is KRW 12.2 million on June 12, 2011, KRW 12.68 million on September 12, 2011, and KRW 27.5 million on August 9, 2011, was acquired and acquired respectively.

B. The prosecutor asserts that the sentence imposed by the court below (one year of suspension of execution in six months of imprisonment) is too unhued and unreasonable.

2. Judgment on the assertion of mistake of facts

A. At around 10:00 on April 12, 201, the Defendant: (a) subscribed to “G” restaurant located in J in Jinju-si, to the 20 million successful bid accounts consisting of the 20 million successful bid accounts consisting of the 20,000-in-the-state-in-state-in-state-in-state-in-state-in-state-in-state-in-state-in-state-in-state-in-state-in-state-in-state

However, in fact, the Defendant did not have any particular property, and the income was merely appropriate to the extent of living expenses. At the same time, the Defendant joined several fraternitys, and was taking the accounts from one fraternity, and there was no intent or ability to pay the accounts normally even if he received the accounts from the complainants.

As above, the Defendant deceivings the complainant, and its deceivings, 12.2 million won per month on June 12, 201, excluding the advance payment, advance interest, etc., from the complainant, and the same year.

9.12.1,2680,000 won, respectively, was granted.

2. On July 9, 201, the Defendant subscribed to the award system which is the cause of KRW 40,000,000,000, operated by the Defendant, the leader, at the “J” restaurant located in J in J in J in J in J in J in J in J in J in J in J as of July 9, 201.