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(영문) 서울중앙지방법원 2016.06.29 2016노167
사기등
Text

The part of the judgment of the court of first instance excluding the compensation order and the judgment of the court of second instance shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

1. Summary of grounds for appeal;

A. In misunderstanding of facts, misunderstanding of legal principles 1) In relation to the fraud against the victim E, fabrication of private documents, and the event of the above investigation document, the Defendant leased the “G” business (hereinafter “instant business”) stated in the facts charged to the victim E to receive KRW 85 million in total of the deposit and premium, and the victim E paid KRW 45 million.

The defendant made a false statement to the victim E for the purpose of receiving 40 million won for unpaid deposits and premiums at a rapid time, as stated in the judgment of the court below, and forged the lease contract, etc. and provided it to the victim E for the purpose of making the victim believe such false statement.

The Defendant was “for the purpose of uttering” of the crime of forging private documents.

It is difficult to see it, and it does not constitute fraud as it exercises legitimate right to claim unpaid premiums and deposits against victims E.

2) In the case of fraud against the victim AP, whether the Defendant purchased the same on credit, but subsequently failed to pay the price, and the Defendant did not have any intent or ability to pay the price from the beginning.

The air conditioners, upon N's request, have the responsibility to pay the price by N, and the defendant has the responsibility to pay the price. Thus, the defendant acquired the pecuniary profit equivalent to the price of the air conditioners.

It is difficult to see it.

B. The punishment of the lower court is heavy.

2. Determination

A. This court held ex officio by combining the judgment of the court below, and each offense should be sentenced to one punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.

Of the judgment of the court of first instance, parts excluding compensation order and the judgment of the court of second instance shall not be maintained as they are.

Even so, the defendant's misunderstanding of facts and misapprehension of legal principles are still subject to adjudication.

B. Determination of misunderstanding of facts, misunderstanding of legal principles 1) Fraud against victim E, fabrication of private documents,

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