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(영문) 서울북부지방법원 2018.04.19 2017노1796
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. The summary of the grounds for appeal (misunderstanding of the facts as to the acquittal portion in the judgment of the court below) was based on the evidence submitted by the prosecutor, and it was sufficiently recognized that the victim D obtained one copy of the post office card by using a false statement, but there was no proof of a crime, and thus, the court below acquitted the victim of this part of the facts charged. The judgment of the court below is erroneous

2. According to the judgment of the court below and the prosecutor's examination protocol of interrogation of the prosecution against J (Evidence No. 475, No. 484 of the evidence record), response to a request for the provision of financial transaction information submitted by the prosecutor in the trial of the court and the personal information attached thereto, account transaction details, investigation report (to attach a statement to the name of the head of the Tong and oral hearing) and the written statement attached thereto, it is recognized that the defendant acquired one copy of the post office card from D as shown in the attached list No. 1 of the crime committed in the judgment of the court below. Thus, the court below acquitted the defendant of this part of the facts charged.

Therefore, prosecutor's assertion is justified.

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

[Grounds for the new judgment] The criminal facts and summary of the evidence established by the court and the summary of the evidence are the criminal facts of the judgment below's fraud of Article 2 (2) of the crime of the crime of the court below. The defendant "in collusion with E, and around September 23, 2013, the defendant would offer 50,000 won per account when lending the passbook even if borrowing the passbook from E," to the victim G without the intention to pay the lending fee. "I acquired the Nong Bank card from the damaged person, by acquiring the Nong Bank card from the damaged person, as shown in (2) through (7) of the attached crime list of the crime of the crime of the court below," "The defendant in collusion with E, and obtained the Nong Card from the damaged person on September 15, 2013, and the fact that E was the head of the Tong."

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