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(영문) 서울중앙지방법원 2020.10.28 2020노1337
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. On July 20, 2020 after the deadline for submitting the statement of grounds of appeal, the defense counsel added a mistake of facts to the defense counsel's opinion on July 20, 2020. Although it is difficult to regard the newly established ground of appeal as a legitimate ground of appeal after the deadline for submitting the statement of grounds of appeal, the defense counsel is determined ex officio as follows:

According to the evidence duly adopted and examined by the lower court, the lower court found the Defendant guilty on October 24, 2016, that ① received 20 million won from the victim I (Evidence No. 148 of the evidence record); ② the victim I was issued and delivered a notarial deed of monetary loan contract for 22 million won from the Defendant after filing a complaint with the Defendant around May 2017; ③ the victim I again filed a complaint with the Defendant on May 25, 2018, stating that “the victim I acquired KRW 22 million from the Defendant on October 25, 2016,” with the victim’s accusation that “the victim I remitted KRW 3,000 from the victim I, 200,000,000,000 from the Defendant’s indictment.” However, according to the above facts, the victim’s defense counsel’s above 200,000 won was aware of the facts charged without the victim’s consent of 201,200,000 won.”

3. Accordingly, the court below's decision on the ground of the above reasons for ex officio reversal, and without examining the defendant's assertion of unfair sentencing, Article 364 (2) of the Criminal Procedure Act.

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