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(영문) 서울중앙지방법원 2017.10.19 2017노241
사기
Text

The judgment of the court below is reversed.

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The amount that a person who has caused damage to the summary of the grounds for appeal transfers to the defendant shall have been promoted together with D;

The amount of investment in the G DD production is paid to the defendant as expenses incurred in attracting by the defendant, and the victim pays the above service expenses to the defendant under the direction of D.

However, the judgment of the court below which found the defendant guilty of borrowing the above money by deceiving the victim was erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2. Prior to the judgment on the grounds for an ex officio appeal, the prosecutor examined ex officio prior to the judgment on the grounds for the appeal, and the first indictment of the facts charged as follows: “Defendant on October 12, 201” in “Defendant on October 4, 2011”; “In the place where the crime was committed in the year No. 1 in the crime list No. 201, “S. 10 E. 10 E.S. E. e., the Defendant on October 4, 201”; and “S. 10 E. e., the Defendant on May 2, 201” in “S. e., the place where the crime was committed in the year No. 2 of the crime list No. 2, “S. 10 E.S. e., the Defendant on October 2, 201,” and the judgment of the court below was no longer maintained.

As the Defendant’s assertion of mistake of the facts concerning the changed facts charged despite the above reasons for reversal is still subject to deliberation by the party, this will be examined below.

3. Judgment on the grounds for appeal

A. On October 4, 201, the summary of the facts charged is that the Defendant was unable to repay the money from the victim C (56 years old) even if he/she borrowed money from the victim C (56 years old), the Defendant would change if he/she borrowed money from the victim.

“A false statement,” and its affiliation, from the injured party, was remitted one million won to a new bank account under the name of the accused at the seat of the injured party, and the list of the annexed crimes [Provided, That the place of the crime is one of the annual list of crimes to be attached to the judgment of the court below.

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