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(영문) 수원지방법원 2015.11.12 2015노4843
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In light of the evidence submitted by the prosecutor as of March 12, 2014, concerning the fraud of the victim F (not guilty part of the original judgment) among the facts charged in the instant case by the prosecutor, the judgment of the court below which acquitted the defendant of this part of the facts charged is erroneous in the misapprehension of the facts charged, although the defendant, as stated in the facts charged, could sufficiently recognize the fact that he received KRW 1 million from the above victim in addition to the above victim, he received the money from the above victim and received the money from the above victim. 2) The defendant, who operated the business of transporting the goods by the defendant from the large company of the defendant, was used for the purpose of operating funds from the victim E, etc. as it is not good financial situation at the time, and thereafter, the defendant was used for the purpose of lending money from the victim E, etc., and thereafter, the above loan money was not paid properly with the intention to repay the money of each of the instant case, and it did not receive the money from the victims without the intention or ability to pay it.

B. 1) The sentence imposed by the Prosecutor (4 months of imprisonment) is too uneasible and unfair. 2) The above sentence imposed by the Defendant by the lower court is too unreasonable.

2. Determination

A. 1) As examined below in the prosecutor’s assertion of mistake of facts, insofar as the Defendant accepted the Defendant’s assertion of unfair sentencing regarding the fraud of the victim F and the fraud of the victim F as of March 12, 2014 as to the fraud of this part of the facts charged and the fraud of the victim F, which is a single comprehensive crime, on December 1, 2013, and reversed the entire judgment of the lower court, including this part of the facts charged, and then further determines all including “the acquittal decision” as to the Defendant’s assertion, the Prosecutor’s aforementioned assertion is not separately determined. 2) The Defendant’s determination of the Defendant’s assertion is based on this part of the grounds for appeal.

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