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(영문) 서울중앙지방법원 2019.04.26 2019노570
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant received KRW 74 million from the victim of the mistake of facts (as stated in the judgment of the lower court Nos. 3 through 8), but did not receive the remainder KRW 13 million on December 6, 2017, and KRW 26 million on December 18, 2017, in total, KRW 13 million on December 18, 2017.

(No. 1 and No. 2 of the Criminal List No. 1 and No. 2). Also, although there was a fact that the Defendant made it to the effect that he would purchase the victim’s occupation, it was not deceiving the victim because he was aware of an occupation equivalent to the actual amount, and thus, he did not intend to acquire the victim because he did not deceive the victim. Since he did not intend to acquire the money received from the victim by deceiving all the false names of Chinese nationality, which made the

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. 1) First of all, we examine whether the Defendant received KRW 26 million from the victim on December 6, 2017, or KRW 13 million on December 28, 2017, or KRW 20 million on December 28, 2017. The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, i.e., the victim stated that the Defendant paid KRW 26 million from the investigative agency to the court below’s ruling consistently with the aforementioned temporary payment, etc., ② the victim stated that he paid KRW 1 million in cash from his own account on December 6, 2017, KRW 12 million, and KRW 13 million in cash from the same account on December 18, 2017 (see, e.g., Supreme Court Decision 200 million on December 16, 2017).

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