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(영문) 울산지방법원 2019.06.14 2019노234
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Reasons

1. Summary of grounds for appeal;

A. Despite the fact-finding that the amount received from the victims was approximately KRW 350 million, the judgment of the court below held that the amount of damage was KRW 624 billion in total, and there is an error of mistake of facts.

B. The sentence imposed by the court below on the defendant (six years of imprisonment) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, i.e., (i) the victims paid the amount in cash upon the request of the victims; (ii) the victims withdrawn cash from the bank to raise the above cash; (iii) the victims borrowed cash from the victims; (iv) the victims have cancelled the term deposit; and (iii) the details of each transaction account; (iv) the statement of deposit transaction; (v) the statement of deposit transaction; (v) the statement of deposit settlement; (v) the statement of account settlement; (v) the statement of account settlement; (v) the statement of account settlement; (v) the statement of account settlement; (v) the statement of the victims; and (v) the statement of the victims; and (v) the statement of the victims, it conforms to the victim's assertion.

Therefore, the judgment of the court below is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding facts, and this part of the defendant's assertion is without merit.

B. We examine the assertion on unfair sentencing, and in this case, the Defendant pretended to be bound from June 2015 to November 2016, and acquired 620 million won from three victims over 82 times, and received a certificate of borrowing.

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