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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2017.07.14 2017노337
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles, and improper sentencing)

A. The Defendant did not receive from the injured party one million won as a lawyer's referral fee.

(b) The punishment sentenced by the first instance court to the point of fraud (two years of suspended sentence in October) is too unreasonable;

2. Determination

A. The Defendant did not deny that he was paid KRW 1 million from the injured party under the pretext of the attorney-at-law referral fee.

As evidence consistent with this part of the facts charged, the victim’s statement and investigation report in the court of first instance (e-mail withdrawal details) are made in the court of first instance, and the victim’s above statement was made in full view of the following circumstances. In full view of the following circumstances, the victim’s statement is believed, and accordingly, the defendant was paid KRW 1 million from the victim on March 3, 2015 as attorney referral fee.

It is reasonable to view it.

① Although there is no direct evidence as to the fact that the victim paid KRW 1 million to the Defendant, the victim, who was found in the family-friendly relationship with the Defendant, appointed E-at-law at KRW 6 million, which was 6 million from the family-friendly relationship, and the Defendant: (a) the attorney referral fee was 3 million in the original case; (b) the Defendant changed the amount of KRW 1 million because the victim had no money; and (c) the Defendant received cash service using the credit card of the wife, which was carried at the time when the Defendant came to know, with the credit card of the wife, which was carried by the Defendant at the time.

The statement has been made in a very detailed and detailed manner. ② The victim’s card used by the victim from February 1, 2015 to April 30, 2015 does not contain any details of collecting money of one million won except from March 3, 2015, and it appears that there is no details of receipt of cash service, and it would be seen that the victim uses cash service that requires urgent cash in March 3, 2015, and this day is accompanied by the Defendant.

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