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(영문) 서울중앙지방법원 2020.01.10 2019노3224
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Of the facts charged in the instant case, the attached list of crimes.

Reasons

1. The prosecutor at the scope of the trial in this court brought a prosecution against the defendant against each of 14 frauds by the sequences in the crime list attached to the court below. The court below judged that the part exceeding 5,770,000 won out of the damaged amount of 7 million won in the No. 5 of the crime list (19.30,000 won) and the part exceeding 2,000,000 won out of the damaged amount of 10,000 won in the No. 7 of the damage amount (8 million won) and found guilty of all the remaining charges.

Accordingly, the Defendant appealed on the guilty portion on the grounds of insufficient deliberation, misunderstanding of legal principles, mistake of facts, and unreasonable sentencing, and the prosecutor appealed on the guilty portion only on the grounds of unreasonable sentencing. As such, the acquittal portion of the judgment of the court below on the grounds of unfair sentencing is subject to a trial along with the conviction portion in accordance with the principle of no appeal, but it was excluded from the object

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. Summary of grounds for appeal;

A. Defendant 1) In relation to deception, Defendant 1’s failure to exhaust all necessary deliberations, misunderstanding of legal principles, and misunderstanding of facts, the sum of KRW 10 million 5 million in the list of crimes is merely that the Defendant lent to C around January 31, 2012, which was paid KRW 9.3 million.

The amount of KRW 10 million paid by C to P is received by the defendant on behalf of the defendant.

There is no evidence to deem that the remainder of 4 million won, excluding the amount of 6 million won transferred by account transfer, among the amounts of 4-10 million won in the list of crimes, has been appropriated for the Defendant’s accounts.

The defendant does not receive 3.10,000 won in cash, among the 4.755 million won in the list of crimes.

There is no criminal defendant who received 1080,000 won in cash No. 8 of the crime sight table.

The sum of KRW 10 million in 9 of crime sight table Nos. 10 million is only a transaction between C and G, and is irrelevant to the defendant.

With respect to the payment of each limit of 10,12, and 14 of the crime sight table Nos. 10, C paid the deposit amount on behalf of the defendant.

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