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(영문) 수원지방법원 2018.07.23 2018노2524
사기등
Text

The judgment below

The part concerning the crime No. 2 of the judgment shall be reversed.

Imprisonment with prison labor for the crimes of No. 2 of the judgment of the defendant.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (as to the conviction of the lower court among the lower judgment): The punishment of the lower court (as to the crime set forth in Article 1-A and 3: Imprisonment with prison labor for eight months, and the crime set forth in Article 1-B of the holding: Imprisonment with prison labor for two months, and the crime set forth in Article 2 of the holding: Imprisonment with prison labor for six months, and

B. In light of the victim E, W, and Z’s statement and the circumstances before and after the Defendant’s crime, etc., the lower court acquitted the Defendant of this part of the facts charged, even if the Defendant’s deception and fraud were recognized, there was an error of misapprehending the legal principles on the facts charged.

B) Since the Defendant, at the time of borrowing money from the injured party F, knew that the registration of the establishment of the right to collateral security (right to collateral security) was not a normal registration, and that it was also a false statement about the due date, the lower court acquitted the Defendant of this part of the facts charged, even though he fully recognized the criminal intent of defraudation of the borrowed money.

2) The lower court’s improper sentencing is too uneasible and unreasonable.

2. Determination

A. In light of the circumstances revealed by the court below (related to the portion of acquittal in the judgment of the court below) and the records, a thorough examination of the evidence duly adopted and examined by the court below is justified in finding that each part of the facts charged constitutes a case where there is no proof of criminal facts, and the judgment of the court below is just and acceptable, and there is an error of law by misunderstanding facts as pointed out by the prosecutor, which affected the conclusion of the judgment.

shall not be deemed to exist.

Therefore, the prosecutor's assertion of the above facts is without merit.

B. The part of the crime No. 1-A, 3, and 1-B of the judgment of the court below as to the determination of the unfair sentencing of the defendant and prosecutor (related to the guilty part of the judgment below).

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