(영문) 창원지방법원 2014.06.12 2014노256 | 리걸엔진

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(영문) 창원지방법원 2014.06.12 2014노256

사기등

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The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that a mistake of facts or misapprehension of legal principles (each part of fraud against the victim F) made an investment by the defendant to the victim FF who has no experience in causing the loss of stock investment (hereinafter “victim”), it is difficult to deem that the Defendant had anticipated the loss of investment solely on the ground that the victim was aware of the Defendant’s application for personal rehabilitation, and that the Defendant used the money that the Defendant received from the victim was used for the purpose other than the stock investment, and that the Defendant made an investment only for the purpose of using the money that the Defendant received from the victim. In light of the fact that the Defendant made an investment in the stock, it is sufficiently recognized that there was a criminal intent to commit deception and fraud.

Although the court below is not guilty of this part of the facts charged, there is an error of misconception of facts or misapprehension of legal principles.

B. In light of the fact that part of the Defendant’s acquittal on the grounds of unfair sentencing is unreasonable, the sentence imposed by the lower court (a fine of KRW 1.5 million) is too uneasible and unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. The gist of this part of the facts charged was that the Defendant had worked for E at the Office of Education of Gyeongnam-do from around 1989 to February 2, 2012, and that the victim had worked at the same Office of Education.

(1) On July 10, 2006, the Defendant presented a stock investment program in the Gyeongnam-do Office of Education, which was written in his pocket book, Changwon-dong 6-1, and expressed a false statement to the effect that “I would like to make money with stocks, make a good appearance of stocks, and make money once with money,” and that “I would like to create the drinking value with a stock investment if I would see that I would like to create the drinking value with money.”

Retirement may be reduced by one million won in one month.

유사 판례

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