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(영문) 서울남부지방법원 2019.09.05 2018노1352
사기
Text

[Defendant A] The part of the judgment of the court below of first instance concerning each other's crime of fraud, excluding fraud against Victim AP.

Reasons

1. Summary of grounds for appeal;

A. In relation to Defendant A1’s mistake of facts) fraud against the victim P, Defendant A did not have committed deception as described in the above facts charged with the victim P, and Defendant A did not have committed deception with respect to the fraud against the victim AM. In relation to the fact of fraud, Defendant A did not have committed deception with the victim AM as described in the above facts charged.

Nevertheless, the judgment of the court below which convicted each of the above facts charged is erroneous in misconception of facts.

2) The sentence imposed by the lower court (Article 1: 2 years and 10 months of imprisonment with prison labor for each other, except for the crime of fraud against AP, and 2 months of imprisonment with prison labor for the crime of fraud against AP, and 8 months of imprisonment with prison labor for the victim) is too unreasonable. (B) As to the fraud against the Z of a victim of mistake of facts, Defendant B had the money that Defendant A would receive as a guarantee insurance premium, etc. against the Z of the victim. In this regard, Defendant B had the money that Defendant A would receive as a guarantee insurance premium for the Z of the victim. In addition, Defendant B conspired with the Defendant A to act of deception as described in this part of the facts charged.

It shall not be deemed that there was an intention to obtain fraud from Defendant B or Defendant B.

Nevertheless, the judgment of the court of first instance which found Defendant B guilty of this part of the facts charged is erroneous in misconception of facts.

2) The sentence (six months of imprisonment) imposed by the first instance court of unfair sentencing is too unreasonable and unfair. (c) The sentence (four months of imprisonment) imposed by the first instance court of Defendant C (unfair imprisonment) is too unreasonable. 2. On February, 200, this court tried ex officio prior to the judgment on the grounds for appeal by the Defendant A, the appellate case of the second instance court of the first instance judgment, excluding the crime of fraud against the victim A, from among the judgment of the first instance court of the first instance against Defendant A, and the crime of fraud by the second instance court of the first instance judgment against Defendant A, Article 37 of the Criminal Act.

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