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(영문) 대전지방법원 2015.09.04 2014노3819
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below which acquitted the defendant of the facts charged of this case on the contrary, is erroneous in the misapprehension of legal principles, in case where the defendant, taking advantage of the poor condition of the victim, has repeatedly committed acts beyond ordinary religious activities such as ordering the victim to terminate the contract, etc.

2. Determination

A. The summary of the facts charged is unlimited to the Defendant.

In fact, although the Defendant did not engage in any indecent activity designated by the Defendant, such as receiving money from the victim C, and the husband did not take care of his knife with the knife, etc., on September 24, 2012, the Defendant: (a) upon having received the consent from the victim on September 24, 2012, the Defendant took care of the victim’s knife with the knife at his knife knife, and (b) falsely stated that “the husband would die with the knife, die his knife, die his knife, be his knife, and the current knife will not be terminated; and (c) upon having received the consent from the victim to have the right to receive the reimbursement of money from the victim on October 8, 2012; and (d) received KRW 2 million from the victim on March 26, 2012 to receive the money from the victim on the list of crimes.

B. The judgment of the court below 1 does not sufficiently explain the fundamental principles or character scientificly, but it is a kind of non-governmental culture that has been considerably widened among the general public in Korea from ancient world for a long time, and its meaning or subject is within the scope of objectively recognizable logic.

It is rather established on the premise of mental and non-humanistic world, such as soary or eary, rather than on the premise of marriage.

In the implementation of this speed, the requester must attain any objective result.

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