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(영문) 광주지방법원 2015.07.07 2015노545
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since misunderstanding of facts and misunderstanding of legal principles have disbursed the money remitted from the victims to the victims with K's labor permission and the attorney's fees related to the acquisition of permanent sovereignty, there is no fact that Defendant B deceiving the victims as shown in the facts charged and obtained the money.

In addition, there is no fact that Defendant A was involved in the receipt of attorney fees from victims.

B. Unfair sentencing 1) Defendant A’s imprisonment (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too unreasonable. Defendant B’s imprisonment (one hundred and twenty months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances are acknowledged based on the evidence duly adopted and examined by the court below and the court below as to the assertion of mistake of facts and misapprehension of legal principles. ① The defendants introduced them as the pastors and couples in the United States, and came into relationship with the victimized couple who was attending the church in Korea. On August 10, 2006, the defendant Eul knew that he would allow the injured party to have his permanent residence right in the United States. The defendant Eul would be able to help the injured party if he did not have any money. ② The defendants started studying in the United States on January 1, 1989, and began to work in the United States. The defendants tried to acquire permanent residence right through an attorney in 2005, but failed to obtain permanent residence right in the United States on October 206, 2006, and he could not obtain permanent residence right within 206,300 U.S. dollars and 24,000 if he did not obtain the permanent residence right.

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