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(영문) 서울중앙지방법원 2014.09.25 2013노1959
사기
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

Although the victim’s statement is partially reversed, according to the evidence submitted by the prosecutor, even if all of the facts charged in the instant case can be found guilty, the lower court erred by misapprehending the facts and thereby acquitted the Defendant.

Judgment

On September 15, 201, the Defendants were hospitalized in the F Hospital Hospital Hospital Hospital Hospital in Dongjak-gu Seoul Metropolitan Government on September 201. The Defendants received temporary layoff benefits (totaling KRW 11,447,520 from September 1, 201 to December 15, 201) due to an accident that falls at the construction site on May 14, 2010, the complainants received injuries, such as the upper left-hand edges, and received temporary layoff benefits (totaling KRW 11,447,520 from September 1, 201 to December 15, 201). After completing the registration of the disabled, the Defendants conspired to acquire money from the complainants, with the knowledge that they would receive a temporary disability payment (including KRW 5,920,710 on December 15, 2011).

On November 17, 2011, the Defendants stated to the effect that “The Deputy Prosecutor General of the Gwangju District Prosecutors’ Office and A are in friendly relationship, so the Defendants would make the complainant not guilty by filing a final appeal with the Supreme Court. I change the teaching expenses.”

However, in fact, Defendant A was not between the Deputy Prosecutor General and ASEAN of the Gwangju District Prosecutors' Office, and there was no intention or ability to make the complainant a favorable judgment in the process of the above trial.

The Defendants, as above, deceiving the complainant and received KRW 1 million in cash from the complainant, i.e., from the complainants, and acquired KRW 33.6 million in total from the complainants over three times from the time to December 21 of the same year, as shown in the annexed List of Crimes (1).

As a result, the Defendants conspired to deception the complainant and receive the property.

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