logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.08.21 2020노630
사기등
Text

The judgment below

The part on the crime of Nos. 1, 2, 3, and 4 of the judgment and the compensation order are excluded respectively.

Reasons

1. Summary of grounds for appeal;

A. Defendant (Definites and unreasonable sentencing) 1) misunderstanding of facts (as to the fraud described in paragraph (3) of Article 4-C of the judgment of the court below (as to the fraud described in paragraph (3) 4-C), the Defendant acquired 91,565,00 won from the victim B. The amount damaged by the above fraud was 91,565,00 won and 8,970,000 won, which the Defendant was remitted from the victim B, and 38,813,881,19 won, which was deducted from all the 38,813,81,819 won, which the Defendant additionally remitted to the victim B, and the remaining 43,781,565,970-8,970-38,81 won, and 813,800 won, and the court below found the Defendant guilty as to the total amount damaged by the defense counsel in the judgment of the court below.

B. According to the evidence submitted by the prosecutor (as to the fraud listed in Paragraph 4-b of the judgment below), among the crimes of comprehensive fraud against the victim R listed in Paragraph 4-b of Article 4 of the judgment below, the court below found the defendant guilty of the charge of defraudation of KRW 1,260,00 as stated in the attached Table 4-b of the judgment of the court below (hereinafter referred to as the "crime List 4"), but there is an error of misconception of facts in the misapprehension of the judgment of the court below.

2. Determination

A. In the case of fraud with respect to the acquisition of a judgment on the defendant's assertion of mistake, the defrauded shall be the victim.

arrow