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(영문) 전주지방법원 2017.09.07 2017노928
사기
Text

The judgment of the court below is reversed.

Of the crimes No. 1 of the judgment of the court below, the defendant is entered in No. 1 through No. 3.

Reasons

1. The summary of the grounds for appeal is too unreasonable because of the lower court’s punishment (two months of imprisonment, one year of suspended execution, and one year and four months of imprisonment with prison labor for the remaining crimes in the holding of the lower court for each of the crimes listed in No. 1 or No. 3 of the crimes listed in the List of Attached Crimes among the crimes listed in the judgment below).

2. The crime of this case is acknowledged that the defendant, by deceiving the victim several times, transferred approximately KRW 36.5 million in total to transfer the ownership of real estate equivalent to KRW 276.6 million in the market price, and obtained the registration of transfer of ownership of real estate equivalent to KRW 276.6 million in the market price, and the quality of the crime is not less complicated. The crime of fraud listed in [Attachment Table No. 4] among crimes No. 1 of the judgment of the court below, and the crime No. 2 of the judgment of the court below is committed during the period of repeated crime due to the

However, when the defendant was in the first instance, all of the crimes of this case is recognized and against the defendant, and the court below agreed with the victim, and the court below set the defendant as the debtor on the real estate owned by the victim.

In full view of the following facts: (a) the cancellation of the registration of the establishment of the right to collateral security in K’s name and the damage therefrom appears to have been recovered to a certain extent; and (b) the equity between the crimes listed in the table Nos. 1 through 3 among the crimes listed in the judgment of the court below should be taken into account when the judgment was rendered simultaneously with the crime of fraud for which the judgment became final and conclusive; and (c) the sentencing conditions specified in the records and theories of this case, including the Defendant’s age, sexual conduct, environment, the background and motive leading to the instant crime, and the circumstances before and after

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

【Grounds for a new judgment of the court] Criminal facts and summary of evidence recognized by the court are identical to the facts constituting the offense and summary of evidence, and thus, they are reserved in accordance with Article 369 of the Criminal Procedure Act.

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