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(영문) 서울북부지방법원 2018.11.30 2018노1363
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment against the Defendant is too unreasonable.

2. The Defendant’s judgment on the grounds for appeal by the Defendant recognized the crime up to the trial. The Defendant is the first offender.

On the other hand, the crime of this case is about 17 million won by taking advantage of the victim's intellectual impairment, and in the process, it is a case where the defendant acquired cash of about 17 million won through several times for about 1 year. In order to conceal the existing crime and acquire additional money, each written statement in the name of the deceased was forged and used several times.

The victim, due to the crime of this case, did not only have a huge debt owed to the card company, etc. but also had a serious mental suffering due to the distribution of the defendant who was normally trusted.

Therefore, the victim wanted to punish the defendant.

Although the defendant was in the first instance, he deposited 10 million won, which is part of the amount of damage to the victim.

However, the above repayment deposit is merely a partial deposit and the deposit is not effective, so the damage caused by the crime of this case was restored.

shall not be deemed to exist.

On April 21, 2018, the Defendant asserts to the effect that the victim’s debt amount of KRW 5 million against H was fully repaid to H through the victim, and that if the victim’s debt amount was fully repaid to H, the amount of damage incurred from the crime of this case was fully repaid.

However, at the time of the prosecutorial investigation on April 27, 2018, the Defendant stated to the effect that “The Defendant found at the victim’s home before preparing a letter of revocation of the complaint on April 9, 2018 submitted by the victim, thereby putting up KRW 5 million in cash, which was prepared by selling the towing items, would submit the evidentiary materials by facsimile, and did not prepare any receipt or note, which separately repaid (Evidence No. 148, 151)” (Evidence No. 148, 151).

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