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(영문) 의정부지방법원 2020.05.15 2019노3664
사기
Text

The judgment below

The remainder, excluding the non-guilty part against Defendant A, shall be reversed.

Defendant

A. Imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s imprisonment (one year of imprisonment) is too unreasonable.

B. Prosecutor 1) In light of the fact that Defendant A knew of the fact that Defendant A received KRW 100 million operating expenses from the victim in advance, Defendant A, the president, was aware of the fact that Defendant A had been paid from the victim in collusion with Defendant B, and the fact that Defendant B received KRW 100 million operating expenses from the victim in collusion with Defendant B, by the request of the secretary general of the C Secretariat, which is an incorporated association with Defendant A, for operating expenses or donations of KRW 24 million out of operating expenses or donations. In light of the fact that the secretary general received the order of the above C’s chairperson or reported it to the chairperson in the process of requesting and delivering the request, the fact that Defendant A, the president, had received KRW 100 million from the victim can be acknowledged.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous and adversely affected the conclusion of the judgment.

B) The lower court’s sentence of unreasonable sentencing is unreasonable and unreasonable. 2) On Defendant B, the lower court determined that it was difficult to recognize that Defendant B had an intentional intent on the part of deceiving Defendant B the victim D to acquire KRW 100 million and operating expenses by deceiving the victim. However, according to the evidence, the lower court can find the fact that Defendant B, in collusion with Defendant A, by deceiving the victim, by deceiving the victim, and by deceiving the victim, the sum of KRW 100 million and operating expenses of KRW 200 million.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous and adversely affected the conclusion of the judgment.

2. The part against Defendant A

A. Judgment on the Prosecutor’s misunderstanding of facts 1) Summary of this part of the facts charged Defendant A is an incorporated association C (hereinafter “C”).

Defendant B is the president of the company, and Defendant B is the head of the Gyeongbuk branch of the above company. The Defendants are victims D (for 46 years of age, C is located in Gwangju-do.

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