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(영문) 서울중앙지방법원 2014.10.31 2014노2398
사기
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (the part of the lower judgment) 1 as to the fraud by which the Defendant received labor from the victim Q Q from November 1, 2012 to March 31, 2013, the part of the lower judgment regarding the fraud that the Defendant did not receive any help from the above victim since it did not proceed with the business under the claim for compensation, and since driving duties, etc. were directly conducted by the Defendant, there was no fact that the said victim was receiving labor from the above victim. 2) As to the fraud of the victim R from November 5, 2012 to January 24, 2013, regarding the fraud of the victim from November 15, 2012 to November 15, 2012 (the part concerning the No. 15 million won in the crime list in the lower judgment) was written by the said victim, and the victim did not receive any money directly from the said victim from the said victim, and the part concerning the Defendant’s deception 200,010 won in China (the above part concerning the No. 1.271 million won).21.

B. In light of the circumstances, etc. in which the Defendant is against unreasonable sentencing and support for his family members, the lower court’s punishment (the first instance judgment: 10 months of imprisonment and the second instance judgment: 10 months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant filed each appeal against the judgment of the court below, and this court decided to hold a joint hearing of each appeal case.

However, since each crime of the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment shall be sentenced in accordance with Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained as it is.

However, the defendant's assertion of mistake is subject to the judgment of this court.

B. This part of the part regarding the fraud that received labor service from November 1, 2012 to March 31, 2013 regarding the victim Q Q by the judgment of mistake of facts.

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