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(영문) 서울고등법원 2017.09.19 2017노741
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor 1) The victim MM received a request from the Defendant to request appraisal costs of KRW 50 million necessary for lending from the Defendant, and sent some of them to the S account from the Defendant to the Defendant’s account, and then withdrawn the remainder at the Defendant’s request and deliver it to the Defendant in cash. At the Defendant’s request for cash payment, the Defendant again delivered KRW 30 million with the Defendant’s right of KRW 50,000,000 to the Defendant, and the U stated to the effect that he would have left U.S. at the police around September 24, 2015. At the time, the damaged person was present to witness the envelope containing the Defendant’s money at the coffee shop with KRW 50,00,000 as KRW 30,000,000.

Merely read that it had been

On September 22, 2015, S received from V the remittance of KRW 20 million from V on September 22, 2015 upon the request of the victim, and then deposited the account of the victim with the account of the victim, and withdrawn the remainder of KRW 17 million in cash and made the victim several statements that the victim paid the full amount of KRW 20 million to the defendant.

The judgment of the court below which acquitted the defendant of this part of the facts charged on the ground that the defendant sufficiently recognized the fact that he acquired 42 million won from the damaged person, by taking account of the victim, U, and S's statements and account details, such as the fact that the defendant received 8 million won from the injured person and received 10 million won from the injured person later, but later, the problem was later raised, and that the defendant returned 10 million won larger than the money received from the injured person.

2) The sentence sentenced by the lower court to the Defendant (four years of imprisonment) is too unhued and unfair.

B. The sentence imposed by the lower court against the Defendant is too unreasonable.

2. Determination

A. This part of the Prosecutor’s assertion of misunderstanding the facts.

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