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(영문) 의정부지방법원 2013.05.08 2013노658
사기
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for six months.

The judgment below

Part of acquittal.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (eight months of imprisonment) is too unreasonable.

B. Of the judgment of the court below by the public prosecutor, although the victim was deceiving the defendant that he would have been ordered to work for the victim C, the defendant's receipt of the money was merely a profit for allowing the victim to work for the Corporation according to the agreement, and the judgment of the court below which acquitted the defendant of this part of the facts charged, which affected the conclusion of the judgment, is erroneous, and thus, the sentence of the court below is too uneasible.

2. Determination

A. Of the instant facts charged, the Defendant, from October 208 to June 13, 201, was working as the chief of the Electricity division of the Construction and Management Team E Co., Ltd. from October 2008 to June 13, 201. On June 14, 2010, the Defendant stated that “A/V lending KRW 20 million to the victim C of the platform and sound and image (A/V) installation work at the restaurant located in the Yandong-dong-gu, Yongsan-gu, Busan High School.” However, even if the Defendant received money from the victim, the Defendant did not have the intent or ability to request the payment of the above installation work from the victim. The Defendant deceiving the victim, thereby reducing the amount of KRW 1 million from the Defendant’s business bank account on June 14, 2010 to the Defendant’s business bank account on June 14, 2010 (A/V).

"......" and "........................................

"A bank of the defendant on September 8, 2010."

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