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(영문) 수원지방법원 2018.07.13 2018노2233
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds of appeal 1) Defendant A (hereinafter “Defendant A”) is to provide the victim with USD 100,000 in U.S. dollars as a public official in extraordinary civil service or as a security for loans, as shown in the facts charged in this case.

There is no fact of deception.

However, the lower court rendered a judgment of conviction against Defendant A by misunderstanding the facts.

(2) The punishment of the lower court (two years of imprisonment) that is unfair in sentencing is too unreasonable.

2) Defendant B (1) The lower court rendered a judgment of conviction against Defendant B by misunderstanding the following facts.

(1) The part of the Defendants’ joint crime (criminal facts No. 1) committed by Defendants A and the victim, and there was no conspiracy to commit the crime with Defendants A and the victim.

(2) When considering the fact that Defendant B and the victim were de facto marital relations from May 2013 to May 2015, Defendant B received living expenses, etc. for community life or donated money recorded in the crime under the victim’s understanding, Defendant B acquired money from the victim. As such, Defendant B acquired money from the victim.

shall not be deemed to exist.

(2) The punishment of the lower court (eight months of imprisonment) that is unfair in sentencing is too unreasonable.

2. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court in determining the Defendant A’s assertion of mistake, Defendant A may fully recognize the fact that Defendant A deceptiond the victim as stated in the instant facts charged.

The judgment of the court below is justified.

① On October 10, 2013, the aggrieved party consistently from the investigative agency to the original trial, and Defendant A was in charge of funds as a public official in extraordinary civil service, and thus, Defendant A loaned KRW 30,000,000 to the cost of exercising the event at J three cycles. On November 11, 2013, Defendant A additionally lent KRW 10,000,000 to provide USD 98 as security around November 11, 2013.

(b) make a statement;

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