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(영문) 서울중앙지방법원 2019.03.28 2018노3021
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. Of the facts charged against the Defendant, the lower court dismissed the prosecution on the part of the victim C, and convicted the remaining victims, respectively.

However, since the prosecutor appealed only the guilty portion on the ground of unreasonable sentencing and did not appeal the dismissed portion, the dismissed portion of the judgment below is separately determined and excluded from the scope of the judgment of this court.

2. The summary of the grounds for appeal (e.g., a two-year suspended sentence in 3 years of suspended sentence, 6, 8, and 9 in 1 year and 6 months of suspended sentence in 2 years of imprisonment with prison labor for the crimes of 1, 2, 3, 4, 5, and 7 of the market on the market on the market on the basis of a two-year suspended sentence) which the court below sentenced is unreasonable.

3. The Defendant’s judgment is not good for committing the crime, such as by deceiving 897 million won on the ground of the transfer of the right to operate the restaurant, which was not secured against many victims for a long time from around 2008 to 2015, on the ground of the transfer of the right to operate the restaurant.

With respect to the crime of Articles 6, 8, and 9 of the judgment (including the case of victim C who was dismissed on the ground that the complaint was revoked due to the crime between relatives in the original trial, the total amount of damage would be KRW 1,09,700,000). In relation to the crime of Articles 6, 8, and 9 of the judgment, the Defendant, as stated in the judgment of the court below, obtained by deceiving two victims of a number of million won on the ground that he/she transferred the right to operate the restaurant, a corporation in 2012 and 2013, as stated in the judgment of the court below, was sentenced to a suspended sentence of three years on December 17, 2014 on December 25, 2014, and the judgment was finalized on December 25, 2014, and the crime of Articles 6, 8, and 9 of the judgment was committed again on March 25,

The Defendant was prosecuted on May 10, 2016 due to each of the instant crimes and tried to sentence the judgment on August 17, 2017 through a 15th trial at the lower court. However, from that time, from that time, the escape was delayed several times in the state of unknown whereabouts, and eventually, the Defendant was detained on May 2018 with a warrant issued by the lower court.

The defendant shall make judgment 1, 2, 3, 4, 5, 5.

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