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(영문) 대구지방법원 2016.10.21 2016노2847
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant, who is the spouse of the victim, has received money under the pretext of registration expenses, etc. from H, but has not received money under the pretext of attorney fees, etc.

Nevertheless, the lower court erred by misapprehending the fact that the lower court found the Defendant guilty of the instant facts charged, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. 1) The judgment of the court below also asserted the same purport as this part of the grounds for appeal, and the court below rejected the defendant's assertion on the ground that the defendant's criminal intent can be recognized by deceitation, comprehensively taking into account the following circumstances acknowledged by the evidence in the part concerning "determination of the defendant's assertion" among the grounds for the judgment below: ① the victim and H came to know of the defendant's legal dispute arising in the course of sale of G Co., Ltd. (in order to solve the problem concerning the lease contract and guarantee arising between the factory buyer and the factory buyer, I and the defendant came to know of the church pastor in the process of sale of G Co., Ltd. (in order to solve the problem, I were to work for the defendant to solve the said problem. If the defendant was intended to delegate only the degree of application for registration, the defendant in Gwangju did not have to work until the Gu, and the amount paid by the victim to the defendant is

In addition, although the defendant alleged that he was not a certified judicial scrivener, I stated in the court below that "I expressed that he was a certified judicial scrivener at the time of the defendant's office that he was a certified judicial scrivener at the time, who had talked about himself that he was a certified judicial scrivener at the office of the attorney at that time, and that I also stated that he had a title

At the same time, the victim needs to be legally assisted, and the defendant has much his career.

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