(영문) 서울남부지방법원 2015.08.13 2015노394

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(영문) 서울남부지방법원 2015.08.13 2015노394

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Of the facts charged in the instant case, the attached list of crimes.

Reasons

1. Summary of grounds for appeal;

A. In the case of a mistake of fact-finding crime against the victim N, the defendant delivered the content to E and D as it is, and received money from N, and did not know that the victim X, AC, and P gave money to E, and there was no fact that the defendant deceivings or solicits investment from the victim Y, R, U, and W.

Rather, the defendant is only a victim who has obtained money from D and E, and there is no conspiracy to commit the crime of fraud of this case with him, and there is no intention to commit the crime of fraud by deception.

The defendant did not receive money under the pretext of the solicitation of the case, and there was no fact that the defendant was actually involved in the fraud of P and the violation of the Attorney-at-Law Act.

Nevertheless, the court below convicted the defendant by misunderstanding the facts.

B. Even if the court below found the defendant guilty of unfair sentencing, the sentence imposed by the court below (one year of imprisonment) is too unreasonable in light of the fact that the defendant agreed with some victims, that the defendant suffered a lot of monetary damage by deceiving E and D, and that the defendant did not actively participate in the crime.

2. Determination

A. (i) Determination on the frauds listed in the attached list of crimes Nos. 13, 15, and 17 shall be made (i) the facts charged and D, and E, of this part of the facts charged, or there shall be no intention or ability to solicit legal cases pending with no underground funds in the course of computer processing.

(a) On April 24, 2013, the Defendant, D, and E conspired and made a false statement to the effect that “the Defendant was processed by the S High School, and the cost is required,” at the coffee shop of the Geumcheon-gu Seoul Metropolitan Government Additional Digital Complex, the Defendant stated to the Victim P.

Defendant

D and E, as such, deceiving the victim and KRW 20 million from the victim.

참조조문

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