(영문) 서울중앙지방법원 2017.03.31 2016노5061

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(영문) 서울중앙지방법원 2017.03.31 2016노5061

사기

Text

The judgment of the first instance shall be reversed.

Defendant

A shall be punished by a fine of 5,00,000 won, and by imprisonment of 4 months, respectively.

Defendant .

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. Defendant A1) The Defendant does not have conspired to acquire money by deceiving B, E and the victim.

2) The sentence sentenced by the first instance court (one year of suspended sentence in April, and 80 hours of community service) is too unreasonable.

B. Defendant B (1) The Defendant did not receive a payment guarantee as it did not normally proceed during the process of confirming whether he/she was entitled to receive a payment guarantee upon the introduction of the victim without deceiving the victim A, E, and the victim.

2) The sentence sentenced by the first instance court (4 months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In light of the following circumstances, according to the evidence duly adopted and investigated by Defendant B’s first instance court, the Defendant is fully recognized that he/she, as he/she had presented a written confirmation of the issuance of a forged payment guarantee and obtained a written confirmation of the payment guarantee, had the intent of deceiving the victim to acquire the money from the victim, and participated in the crime of fraud, and he/she acquired not only KRW 1.3 million from the victim on June 19, 2009 but also 1.3 million on such opportunity.

(1) The injured party may be issued a payment guarantee equivalent to one billion won on the ground that the injured party on the part of the accused is relatively consistent in the investigative agency and the court, as security.

Then, I would like to have the profits from the sale after receiving the clothing from the clothing company.

No. 30,000,000 won is required to be deposited in the Defendant’s account, and a copy of the certificate of payment was issued, and thereafter the Defendant additionally remitted KRW 1,30,000 to the Defendant.

statement is made.

(2) The defendant has been forged.

유사 판례

-인천지방법원 2016.04.28 2015노3361

-수원지방법원 2016.06.15 2014고단6101

-창원지방법원 2017.05.17 2016고단1068

-대전지방법원 2018.06.28 2018노1079

-서울중앙지방법원 2017.12.08 2017노3301