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(영문) 서울동부지방법원 2018.10.11 2018노478
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

An applicant for compensation shall be dismissed.

Reasons

The summary of the grounds for appeal (one year and six months of imprisonment) of the lower court is too unreasonable.

An ex officio decision-making prosecutor filed an application for changes in the indictment in the case of the 2017 order order and 17555 order at the trial court as follows, and since this court permitted this, the judgment of the court below can no longer be maintained.

[2017 Highest 1755] On February 1, 2016, the Defendant concluded that “A business that supplies school facilities or public institutions with interest and principal shall pay 2% interest rate per month and return the principal together with interest” to the victim C.

However, in fact, the Defendant did not engage in the business of delivering school facilities or public institutions with 2% interest rate, or had no intention or ability to return principal to the victim as it is considered to be used for personal debt repayment or living expenses even if it was paid by the victim from the above damage.

Ultimately, the Defendant, as seen above, was released KRW 5,10,000,000 from the time when he was informed of the victim on February 1, 2016 by the victim, from February 28, 2017, to February 28, 2017, from the time when he received KRW 5,50,000 from the victim.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.

[Reasons for the new judgment] The summary of facts constituting an offense and evidence admitted by the court is to change the facts constituting an offense in the judgment below 2017 order 1755 from among the facts constituting an offense in the judgment below to the facts charged in the above paragraph 2. The summary of the evidence is to change the facts constituting an offense in the judgment below, and to the summary of the evidence “1. Loan and Transaction (No. 4, 7 from the evidence list in the 2017 order 17 order 1755 order 17555 order.

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