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(영문) 수원지방법원 2019.08.30 2019노2578
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and four months.

Reasons

1. Summary of grounds for appeal;

A. It is true that the defendant acquired money from the victim C.

However, the money obtained by the defendant from the victim C is not a total of 12,8570,000 won, as stated in the judgment below, but a lower amount.

B. The sentence imposed by the lower court (two years and six months of imprisonment) is too unreasonable.

2. Determination of misconception of facts as to the victim C

A. The summary of the facts charged is as stated in the facts charged as stated in the judgment of the court below.

B. The lower court found the Defendant guilty of this part of the facts charged by compiling the evidence as indicated in its judgment.

C. According to the evidence duly adopted and examined by the lower court and the first instance court, the following facts may be acknowledged. ① The Defendant became aware of the victim C through the introduction by the branch around April 2017. ② The victim C, from April 25, 2017 to April 12, 2018, [the part 9,18,20,32 less the No. 9,18,20,32 in the annexed crime list (2) in the original judgment] transferred the sum of KRW 10,1070,000 to the Defendant’s P Bank account or the Defendant’s mother’s post office in his Q Bank’s name, 30,000 won (hereinafter referred to as 30,000 won) from Qa Bank account, 200,000 won (hereinafter referred to as 20,000 won) from Qa Bank account on October 19, 2017.

③ On August 10, 2018, the victim C filed a complaint with the prosecution on the ground that “the Defendant obtained a total of KRW 400 million from the Defendant by deception.”

In addition, the above victim, at the police on August 28, 2018, 19 times from May 22, 2017 to June 26, 2018, is the end of the defendant who needs money due to the publication business of promotional materials for traditional markets.

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