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(영문) 창원지방법원 2015.08.19 2015노1227
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Summary of Grounds for Appeal

A. The defendant did not deceiving the victim C, and the victim had the victim use money and credit cards free of charge to the defendant who had been in a relationship with the victim.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (limited to eight months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) is too unreasonable.

2. Determination

A. Error1) The summary of the facts charged is that “The Defendant, at the end of this year, may incur a big loss to the interest at the time of the cancellation. If the Defendant borrowed money from the payment of installment savings at the end of this year, then he/she would arrange bonds borrowed by four hundred million won from the payment of installment savings at the end of this year.” The Defendant, who was under his/her charge from March 13, 2012 to March 24, 2013, received KRW 56,026,840 from the victim’s total amount of KRW 52 times, and “If he/she lends his/her modern credit card to the Defendant, he/she would make it difficult for him/her to use it at the end of this year, he/she would make it difficult for the victim to lawfully settle all the amount of installment savings at the end of this year, and he/she would have received KRW 10,000 from the victim’s office with his/her total amount of money less than 60,000 won.

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