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(영문) 서울동부지방법원 2015.06.26 2015노445

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (Embezzlement of the victim G) the Defendant borrowed only the name from the victim G to purchase Wuna car and directly paid the installments to Aju Capital Co., Ltd., the Defendant did not have the status of a person who stores the said car for the victim.

B. The lower court’s sentence of unreasonable sentencing (four years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, it was examined whether the defendant was in the position of a person who has a custody of the above vehicle for the victim. The defendant obtained the consent on December 10, 2013 from the victim who was his employee and purchased Wysta car in the name of the victim. On December 12, 2014 of the same year, he purchased Wysta car in the name of the victim. The defendant delivered the above vehicle to the creditor J. around the end of March 2014 in order to secure the creditor J. of the above car, and the defendant designated the bank account in the name of the victim as the installment payment account in the bank account in the victim's name, and then acquired Wysta car in the name of the victim, and completed the transfer registration of ownership of the above vehicle in the name of the victim. The defendant can not be seen as being in the above defendant's possession of the above vehicle in the name of the victim.

B. As to the Defendant’s assertion of unfair sentencing on the assertion of unfair sentencing, the Defendant’s assertion of unfair sentencing is examined, and the amount of the instant fraud exceeds KRW 200,000,000, and the said victim is also several persons,