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(영문) 서울중앙지방법원 2018.05.24 2016노5394
사기
Text

The judgment below

The guilty portion shall be reversed.

The crime No. 2 of the decision is about 10 months of imprisonment with prison labor for the crime No. 1 of the judgment.

Reasons

1. Summary of grounds for appeal;

A. The part 1 of the judgment of the court below (the guilty part of the judgment of the court below) of the first crime No. 1 (the fraud against the victim F) (the fraud committed against the victim F) was obtained through the first monetary transaction with the defendant, and the victim F again sought a high interest transaction, and eventually, the defendant only made a discount on the check of this case with the I's mediation.

Although the check of this case was not settled normally on the date of its payment, in light of these circumstances, the defendant deceivings the victim F.

and there is also a criminal intent to obtain fraud from the accused.

shall not be deemed to exist.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B) The part of the crime No. 2 of the judgment (the fraud against the victim H) was not the fact that the Defendant deceiving the victim H as stated in this part of the facts charged, thereby deceiving the victim H, and that he did not directly investigate the facts.

Defendant

It is true that the above five million won was deposited with the account in the name of the defendant, but the above account is not used by the defendant, so it is irrelevant to the defendant.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2) Each punishment sentenced by the lower court (the first offense in its holding: imprisonment with prison labor for 10 months, and the second offense in its holding: a fine of 1 million won) is too unreasonable.

B. According to the evidence submitted by the prosecutor, the prosecutor 1 of the judgment of the court below is sufficient to recognize that the subject who deceivings the victim D, as shown in this part of the facts charged, thereby deceiving M and N’s shares, is the defendant.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

2) The lower court erred in sentencing (guilty part of the lower judgment).

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