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(영문) 서울남부지방법원 2019.10.24 2018노285
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Regarding the fraud on July 10, 2014, a prosecutor 1) recognized the fact that according to the evidence duly adopted and investigated by the lower court, the Defendant acquired 10 million won from the victim. Nevertheless, the lower court acquitted the Defendant of this part of the facts charged on a different premise. 2) The sentence (one million won of a fine) that the lower court rendered by mistake of the fact, is too unreasonable.

B. Defendant 1) In relation to the fraud on July 1, 2013, the Defendant did not have any fact of deceiving the victim, nor did he/she have any intention to defraudation. 2) The punishment (one million won of a fine) sentenced by the lower court is too unreasonable.

2. An ex officio determination prosecutor filed an application for permission to amend an amendment to an indictment with the content of the facts constituting an offense (the fraud on July 1, 2013) as stated in the judgment of the court below and the facts constituting an offense (the fraud on July 10, 2014), which the court below rendered not guilty, as stated in the facts constituting an offense (the fraud on July 10, 2014), as stated in the judgment of the court below, and the judgment of the court below no longer maintained

3. Thus, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the arguments of the prosecutor and the defendant are reversed, and the arguments of the prosecutor and the defendant are again decided as follows, without examining the facts charged.

【Discretionary Judgment】 Criminal facts

1. On July 1, 2013, the Defendant appears to have committed fraud and the “2010................................”

After the spouse has been divorced from 2005 to 100 million won, he/she was working as a university registration fee and as an insurance solicitor around 201, borrowed money as high interest from the surrounding parties for the purpose of maintaining the insurance performance while working as an insurance solicitor, and performed operations around May 2013.

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